Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

The Government communicated the following information:

Following the National Tripartite Seminar concerning the Labour Code provisions relevant to occupational safety and health held from 7 to 11 May 1990, organised with the assistance of the ILO, a draft text was elaborated concerning the application of the Occupational Cancer Convention and the Benzene Convention. This project, after consultation, will be adopted in the near future.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

A Government representative stated that after the labour legislation had been revised, with the help of the technical services of the Office, many provisions had been substantially modified as regards hygiene and occupational safety and health in the workplace. ILO standards had often served as a source of inspiration, despite the fact that Conventions which had been ratified had not always been accompanied by legislative texts necessary for their implementation. The present Convention was an example of such a ratified Convention. The new Labour Code, Ordinance No. 003/PRG/SGG/88 of 28 January 1988, provided for the adoption of legislation for the application of certain provisions relating to health and safety in the workplace. The drafting of such texts was achieved with the collaboration of the social partners, notably the trade unions. Progress was slow due to the lack of documents and there were plans to revise, inter alia, the list of occupational diseases and the definition of hazardous substances. He added that, for the first time, reliable information was available and the help of the Office was welcomed by all. His delegation's mandate was to contact the Office's technical services with a view to drawing up as quickly as possible an adequate legal framework for protection against occupational diseases and occupational cancer in particular. Comments made by the Committee of Experts would thus be followed up.

The Employers' members considered the information provided by the Government representative to be positive in that, 13 years after ratification of Convention No. 139, the main legislative provisions on occupational safety and health matters had been adopted. Nevertheless, the specific measures needed to ensure full conformity with the provisions of Convention No. 139 were still lacking. They viewed positively the fact that the Government was ready to request the assistance of the Office to ensure that the provisions adopted which deal with highly technical and complex questions enabled the provisions to be implemented correctly. They hoped that, with the help of the Office, the necessary first steps could be taken to implement protective measures against occupational diseases and occupational cancer.

The Workers' members drew attention to one very positive point, namely, that Guinea had ratified the present Convention just two years after its adoption. Nevertheless, they considered that progress was very slow on its implementation. Referring to the comments of the Committee of Experts in 1984, 1986 and 1989, they stressed the usefulness of the Office's help, since the new Labour Code was prepared with its assistance, but they noted that regulations were still lacking in the fields covered by the Convention. They felt that the technical assistance of the ILO should be requested as regards the development of regulations to implement the Convention's provisions requiring very specific technical measures which were difficult to define. They thought it was necessary to adopt appropriate laws and regulations with which effectively to combat the plague of occupational cancer and to guarantee conformity with the present Convention.

The Committee took note of the information provided by the Government representative. The Committee noted, however, that the ordinances and the specific measures noted by the Committee of Experts were still not stated so as to bring law and practice into conformity with the Convention. The Committee noted, however, the wish expressed by the Government for assistance from the ILO in this field. The Committee therefore requested the Government to take all necessary steps for the ordinances and the application texts to be adopted so as to make it possible at an early date for the full application in law and in practice of the Convention in question to take effect. The Committee expressed the hope that concrete progress in this respect could be reported to it by the next meeting of the Committee of Experts and therefore to this Committee next year.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead, painting), 119 (guarding of machinery), 139 (occupational cancer) and 148 (working environment, air pollution, noise and vibration) together.

Legislative developments. The Committee notes that the Labour Code is in the process of being revised. In this regard, it requests the Government to provide information on any progress achieved in the adoption of the new Labour Code and to provide a copy when it has been adopted.

Application in practice of Conventions Nos 119, 139 and 148. The Committee notes the table provided by the Government in its reports containing limited information on certain violations and statistics on the number of accidents reported, including mortal accidents, for the period 2021–23. It also notes the Government’s indication that, in practice, supervisory missions on conformity with the legislation are organized regularly in enterprises. Noting that the statistics provided are of a general nature, the Committee requests the Government to provide detailed and up-to-date information on the application of Conventions Nos 119, 139 and 148 in practice, and particularly on the number, nature and causes of the cases of occupational disease and industrial accidents reported in relation to the above Conventions and, if possible, to indicate the number of cases related to machinery, occupational cancer and air pollution, noise and vibration.

P rotection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of Convention No. 13. Statistics concerning morbidity and mortality among working painters. The Committee notes that, in reply to its previous request, the Government indicates that efforts are being made to collect and communicate information on statistics concerning morbidity and mortality due to lead poisoning among working painters. The Committee requests the Government to provide information on the measures adopted or envisaged to give full effect to this Article of the Convention.

Guarding of Machinery Convention, 1963 (No. 119)

Article 11(1) of Convention No. 119. Prohibition on using machinery without the guards provided being in position. The Committee notes the Government’s indication that the possibility for an employer to authorize the removal of safety devices has been removed in the new provisions of the draft revised Labour Code. With reference to its comments above concerning legislative developments, the Committee requests the Government to indicate the provisions of the new Labour Code that give full effect to this Article of the Convention.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 1(1) of Convention No. 148. Scope of application. Public service. Further to its previous comments, the Committee notes the adoption of Act No. L/2019/0027/AN issuing the General Regulations for State Employees of 7 June 2019 revising the Public Service Regulations. However, it notes that the national legislation does not ensure the application of the Convention in the public service. The Committee notes the Government’s indication that Act No. L/2019/0027/AN issuing the General Regulations for State Employees of 7 June 2019 is under revision. It also notes the Government’s indication that it will take measures to ensure the application of the Convention to all branches of economic activity. The Government adds that a copy of the revised Public Service Regulations will be provided once they have been adopted. The Committee requests the Government to take all the necessary measures to ensure the application of the Convention in all branches of economic activity, including the public service. It requests the Government to continue providing detailed information on the progress achieved in this regard.

Articles 4, 8, 9 and 10. Prevention and control of, and protection against, occupational hazards. Establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and the determination of exposure limits. Technical and supplementary organizational measures. Personal protective equipment. The Committee notes the Government’s indication that the draft order establishing occupational safety and health measures at the workplace takes into account the measures to give effect to Articles 4, 8, 9 and 10 of the Convention. With reference to its observation concerning the national legislation, the Committee requests the Government to indicate the specific provisions of the order that give effect to Articles 4, 8, 9 and 10 of the Convention and to provide information on any other measures adopted, in law or practice, to ensure the full application of these Articles of the Convention.

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead, painting), 119 (guarding of machinery), 139 (occupational cancer) and 148 (working environment, air pollution, noise and vibration) together.

Legislation. The Committee notes the Government’s indication that a draft order establishing occupational safety and health measures at the workplace has been drawn up with ILO assistance in consultation with the social partners and all the actors concerned by OSH issues. The Government indicates that the draft order will once again be examined by the Labour and Social Legislation Advisory Committee (CCTLS).

The Committee also notes the Government’s indication that, following the adoption of the new Labour Code: (i) a draft order determining the nature of the substances and products will be submitted to the CCTLS for approval in order to give effect to the provisions of Convention No. 13; (ii) the order determining the organization of the Occupational Safety and Health Committee will be examined once again; and (iii) order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993 on the prevention of occupational cancer will be revised and brought into conformity with Convention No. 139. Noting that no progress has been made for a number of years in bringing the national legislation into conformity with the provisions of Conventions Nos 13, 119, 139 and 148, the Committee firmly expects that the above orders will be adopted in the near future and that they will give full effect to the provisions of the Conventions. The Committee also requests the Government to provide copies of the relevant texts, once they have been adopted, and in the meantime requests it to take all the necessary measures to ensure the application of the Conventions in practice.

The Committee is raising other matters in a request addressed directly to the Government.

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

Legislation. Referring to its previous comments, the Committee notes the Government’s indication in its report that, in accordance with section 231.9 of the new Labour Code, a draft Order concerning the determination of the nature of substances and preparations will be submitted to the Labour and Social Legislation Advisory Committee for approval, at its next session, in order to give effect to the provisions of the Convention. The Committee hopes that the draft Order will be adopted soon and will give effect to the provisions of the Convention. It requests the Government to send a copy of the relevant legislative text, once it has been adopted, and in the meantime to take all necessary steps in the meantime to ensure the application of the Convention in practice and to supply information in this respect.

Article 7 of the Convention. Statistics concerning morbidity and mortality among working painters. Referring to its previous comments, the Committee notes that the Government has not sent the requested information. The Committee once again requests the Government to provide statistical information on morbidity and mortality due to lead poisoning, and the measures taken to address the causes of lack of knowledge about lead poisoning.

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

Legislation. The Committee notes the Government’s indication that the new Labour Code was adopted through Decree No. D/2014/011/PRG/SGG of 10 January 2014 and that an Order issuing general safety and health protection measures applicable to all workplaces liable to inspection and issuing general measures from the Occupational Safety and Health Committee, was examined and adopted by the Labour and Social Legislation Advisory Committee at its April 2015 session. The Committee requests the Government to indicate the specific provisions of the new legislation that give effect to the provisions of the Convention. It also requests the Government to provide a copy of the abovementioned Order, which was adopted in April 2015.

Article 11(1) of the Convention. Prohibition on using machinery without the guards provided being in position. Further to its previous comments, the Committee notes that section 231.3 of the new Labour Code provides that workers must refrain from removing health and safety devices, even where this is authorized by the employer. In this regard, the Committee draws the Government’s attention to Article 11(1) of the Convention, which provides that no worker shall “be required to use any machinery without the guards provided being in position”. The Committee notes that the wording of section 231.3 of the Labour Code appears to provide for the case in which the employer authorizes the removal of safety devices, thereby making the worker responsible for observing the prohibition. The Committee requests the Government to provide information on the measures taken or contemplated in law and in practice to ensure that an employer is expressly prohibited from authorizing the removal of safety devices.

Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for example, extracts from inspection reports and, where such statistics exist, details of the number of accidents recorded in relation to the Convention, the number and nature of infringements reported, etc.

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

Article 1(1) of the Convention. Scope of application. Public service. In reference to its previous comments, the Committee notes the Government’s indication that the draft conditions of service of the public service are still being drafted. The Committee urges the Government to take all necessary measures to draft and adopt the conditions of service of the public service in order to ensure the application of the Convention in all branches of economic activity and to provide it with a copy of the conditions of service once they have been adopted.

Articles 4, 8, 9 and 10. Prevention and control of, and protection against, occupational hazards. Establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and determination of exposure limits. Technical and supplementary organizational measures. Personal protective equipment. In reference to its previous comments, the Committee notes the Government’s indication that the draft Order establishing the general protection and health measures applicable to all the relevant establishments, which was drafted pursuant to section 231.4 of the Labour Code of 2014 and examined and adopted by the Advisory Committee on Labour and Social Legislation, will cover the issues relating to lighting, airing and ventilation, drinking water, sanitary facilities, dust and fume extraction, workplace temperature and cleanliness, and precautions against fire, radiation, noise and vibration. The Committee requests the Government to provide a copy of the Order as soon as it has been adopted, indicate the specific provisions of the Order and provide information on any other measures giving effect to Articles 4, 8, 9 and 10 of the Convention.

Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including extracts from inspection reports and, where such statistics are available, information on the number of workers covered by legislation or other measures giving effect to the Convention, the number and nature of the violations reported, and the number, nature and causes of the cases of occupational disease reported, etc.

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

Legislation. Referring to the comments that it has been making for a number of years, the Committee notes the Government’s indication that, even though the new Labour Code of 10 January 2014 does not contain any specific provisions governing the use of carcinogenic products, steps will be taken to update Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993 concerning the prevention of occupational cancer and to ensure its conformity with the Convention, particularly with regard to Article 2(1) on the replacement of carcinogenic substances and agents. The Committee urges the Government to take all the necessary steps to ensure the conformity of Order No. 93/4794/MARAFDPT/DNTLS with the Convention, to provide information on all progress made in this respect, and to send a copy of any new legislative text giving effect to the Convention.

Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including any relevant extracts from inspection reports and, where it exists, statistical information on the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of diseases recorded, etc.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 1(1) of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to provide information on developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc. The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards. The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits. The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority. The Committee requests the Government to provide information on the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. The Committee requests the Government to provide information on the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

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

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 1(1) of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc. The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards. The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits. The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority. The Committee requests the Government to keep the Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

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

Legislation. The Committee notes that in 1982, the Government transmitted a copy of Ministerial Order No. 2262/MT of 9 April 1982 (Order No. 2262), prohibiting employment involving exposure to white lead, sulphate of lead or any other product containing these pigments, and thereby giving effect to the Articles of the Convention. The reports submitted between 1983 and 1997, contain no information regarding legislative changes undertaken. However, according to the report submitted in 2003, the Government seemed to indicate that new legislation was contemplated in application of Decree No. 97/287/PRG/SGG, adopted in 1997, regulating the management and control of noxious and hazardous chemicals (Decree No. 287). In the light of the foregoing, the Committee has since been requesting information on progress regarding legislation reportedly contemplated to revise or amend current legislation, as well as on the continued validity of Order No. 2262. The Committee also notes that copies of the following legislation are attached to the Government’s most recent report: Decree No. 287; Order No. A/2001/4784/MMGE/SGG (Order No. 4784); Order No. A/2001/4785/MMGE/SGG (Order No. 4785) and Order No. 2265/MT of 1982 concerning protection against intoxication risks related to benzene. Order No. 4784 was adopted under sections 3, 4 and 5 of Decree No. 287 concerning the list of prohibited chemical substances, the classification of noxious and hazardous chemicals into four categories, and the determination of substances which should be classified in each of these categories. Order No. 4784 should contain four annexes, but the Committee notes that only Annex I, listing the extremely dangerous substances pertaining to national category 1- was attached to the report. Order No. 4785 was adopted under section 8 of Decree No. 287 and concerns the procedure and conditions for obtaining authorizations under Decree No. 287 and the required security arrangements related to the handling of chemicals. The Committee notes that none of the texts submitted regulate the use of lead, its compounds and derivatives, and that the Government, in its most recent report, indicates that no measures have been taken to prepare such texts. Against this background, the Committee urges the Government to clarify the legal situation and to provide a detailed report regarding the current and valid legislation adopted to give effect to the present Convention.

Article 7 of the Convention. Statistics concerning morbidity and mortality among working painters. The Committee notes that in its report submitted in 1992, the Government indicated that, while no cases of lead poisoning had formally been registered by the health specialists, the health technicians believed that one of the causes for the lack of knowledge about lead poisoning could be technical difficulties in identifying lead poisoning. The Government is requested to provide updated information about the current situation, including statistics on morbidity and mortality due to lead poisoning, and the measures taken to address the causes for the lack of knowledge about lead poisoning.

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

The Committee notes the information that no legislative changes have yet been undertaken but that a new Labour Code is being prepared, and that section 231.3 of this Labour Code will resolve the question raised by the Committee previously. The Committee is required to recall that since 1998 it has been asking the Government to make every effort to take the necessary action in the near future to ensure full compliance with the Convention. The Committee requests the Government to submit a copy of all relevant legislation to the Office once it has been adopted. In the meantime the Committee must repeat its previous comment which read as follows.

Repetition

Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1(1) of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc. The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards. The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits. The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority. The Committee requests the Government to keep the Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the information contained in the Government’s report. It notes the Government’s indication that Decree No. D/97/287/PRG/SGG and the texts issued thereunder regulate the use of hazardous products, including lead, its compounds and derivatives. The Committee reiterates its previous request to the Government to provide copies of the abovementioned Decree as well as the regulations issued thereunder.

Articles 3, 4 and 5 of the Convention. Employment of women and the adoption of regulations. The Committee notes the Government’s affirmative statement that the legislative text on the application of the Labour Code with respect to hazardous products, including lead, its compounds and derivatives, ensuring the full application of Article 3 of the Convention, is at its final stage for adoption. It further notes the Government’s statement that the legal text ensuring the application of Article 4 is under preparation and that the text ensuring the application of Article 5 of the Convention has been prepared and that they will be adopted at the forthcoming sessions of the Advisory Commission on Labour and Social Laws. The Committee requests the Government to provide copies of these regulations once they have been adopted.

Furthermore, the Committee reiterates its previous request to the Government to indicate whether Decree No. 2262/MT of 9 April 1982 prohibiting employment involving white lead, sulphate of lead or any product containing these pigments, which give effect to the Articles of the Convention, is still in force.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1(1) of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc. The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards. The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits. The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority. The Committee requests the Government to keep the Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report. It notes the Government’s indication that Decree No. D/97/287/PRG/SGG and the texts issued thereunder regulate the use of hazardous products, including lead, its compounds and derivatives. The Committee reiterates its previous request to the Government to provide copies of the abovementioned Decree as well as the regulations issued thereunder.

Articles 3, 4 and 5 of the Convention. Employment of women and the adoption of regulations. The Committee notes the Government’s affirmative statement that the legislative text on the application of the Labour Code with respect to hazardous products, including lead, its compounds and derivatives, ensuring the full application of Article 3 of the Convention, is at its final stage for adoption. It further notes the Government’s statement that the legal text ensuring the application of Article 4 is under preparation and that the text ensuring the application of Article 5 of the Convention has been prepared and that they will be adopted at the forthcoming sessions of the Advisory Commission on Labour and Social Laws. The Committee requests the Government to provide copies of these regulations once they have been adopted.

Furthermore, the Committee reiterates its previous request to the Government to indicate whether Decree No. 2262/MT of 9 April 1982 prohibiting employment involving white lead, sulphate of lead or any product containing these pigments, which give effect to the Articles of the Convention, is still in force.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

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

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Referring to the comments the Committee has been making for several years concerning Article 2(1) of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(1) of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc. The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards. The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits. The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority. The Committee requests the Government to keep the Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1, paragraph 1, of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc. The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards. The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits. The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority. The Committee requests the Government to keep the Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters previously raised in a previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc. The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards. The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits. The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority. The Committee requests the Government to keep the Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

 

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc. The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards.

The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits.

The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority.

The Committee requests the Government to keep the International Labour Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the International Labour Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc.

The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards.

The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits.

The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority.

The Committee requests the Government to keep the International Labour Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the International Labour Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

1. The Committee notes the information contained in the Government’s report. It notes the Government’s indication that Decree No. D/97/287/PRG/SGG and the texts issued thereunder regulate the use of hazardous products, including lead, its compounds and derivatives. The Committee reiterates its previous request to the Government to provide copies of the abovementioned Decree as well as the regulations issued thereunder.

2. Articles 3, 4 and 5 of the Convention. Employment of women and the adoption of regulations. The Committee notes the Government’s affirmative statement that the legislative text on the application of the Labour Code with respect to hazardous products, including lead, its compounds and derivatives, ensuring the full application of Article 3 of the Convention, is at its final stage for adoption. It further notes the Government’s statement that the legal text ensuring the application of Article 4 is under preparation and that the text ensuring the application of Article 5 of the Convention has been prepared and that they will be adopted at the forthcoming sessions of the Advisory Commission on Labour and Social Laws. The Committee requests the Government to provide copies of these regulations once they have been adopted.

3. Furthermore, the Committee reiterates its previous request to the Government to indicate whether Decree No. 2262/MT of 9 April 1982 prohibiting employment involving white lead, sulphate of lead or any product containing these pigments, which give effect to the Articles of the Convention, is still in force.

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

Referring to the comments the Committee has been making for several years concerning Article 2, paragraph 1, of the Convention, the Government has explained in several of its reports that, under section 4 of Order No. 93/4794/MARAFDPT/DNTLS of 4 June 1993, an employer is required to replace a carcinogenic substance or agent by a non-carcinogenic or less carcinogenic substance or agent provided that one exists, each time that such replacement can be envisaged in view of the given circumstances. The Committee notes that, in its last report, the Government indicates briefly that measures will be taken as soon as the new Labour Code is adopted to align the provisions of section 4 of the abovementioned Order. The Committee asks the Government to send a copy of the new Labour Code as soon as it is adopted and to indicate any progress made in this matter.

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

1. The Committee notes the information contained in the Government’s report. Despite the comments reiterated for several years, the Committee notes that the report does not reply to its observations and is therefore bound to repeat its previous observation on the following points:

2. Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

2. The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reply to its previous comments. It would like to draw the Government’s attention to the following point.

Article 2, paragraph 1, of the Convention. The Committee notes the Government’s explanation of the concept of "given circumstances" used in section 4 of Order No. 93/4794/MRAFDPT/DNTLS, under which the employer has to replace a carcinogenic substance by another non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the given circumstances. The Government indicates that the exposure of workers to carcinogenic substances, as reaffirmed in Appendix 3, has to be reduced as much as possible, especially during the procedures set forth in the same Appendix. The employer is therefore under the obligation to take adequate technical prevention measures and to ensure appropriate individual protection. The Committee notes that this interpretation significantly dilutes the objective of section 4 of the Order. It recalls that the objective of Article 2, paragraph 1, of the Convention is not only a reduction of the exposure of the workers concerned, but the replacement of carcinogenic substances by less harmful substances. The Committee therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the provision by the Government of a report in reply to its previous comments.

Article 1, paragraph 1, of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc.

The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards.

The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits.

The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority.

The Committee requests the Government to keep the International Labour Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the International Labour Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

The Committee notes the information provided by the Government in reply to its previous comments. It would like to draw the Government’s attention to the following point.

Article 2, paragraph 1, of the Convention. The Committee notes the Government’s explanation of the concept of "given circumstances" used in section 4 of Order No. 93/4794/MRAFDPT/DNTLS, under which the employer has to replace a carcinogenic substance by another non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the given circumstances. The Government indicates that the exposure of workers to carcinogenic substances, as reaffirmed in Appendix 3, has to be reduced as much as possible, especially during the procedures set forth in the same Appendix. The employer is therefore under the obligation to take adequate technical prevention measures and to ensure appropriate individual protection. The Committee notes that this interpretation significantly dilutes the objective of section 4 of the Order. It recalls that the objective of Article 2, paragraph 1, of the Convention is not only a reduction of the exposure of the workers concerned, but the replacement of carcinogenic substances by less harmful substances. The Committee therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention.

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

The Committee notes the Government’s report. It notes the Government’s indication that Decree No. D./97/287/PRG/SGG and the texts issued thereunder regulate the use of hazardous products, including lead, its compounds and derivatives. The Committee would be grateful if the Government would provide a copy of the above Decree and the regulations issued thereunder.

The Committee also notes the Government’s indication that the regulations intended to give effect to Articles 3, 4 and 5 of the Convention have been prepared and that they will be adopted in the forthcoming sessions of the Advisory Commission on Labour and Social Laws. It requests the Government to provide copies of these regulations when they have been adopted.

Furthermore, the Committee requests the Government to indicate whether Decree No. 2262/MT of 9 April 1982 prohibiting employment involving white lead, sulphate of lead or any product containing these pigments, which gives effect to the Convention, is still in force.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of Order No. 93/4794/MRAFDTP/DNTLS, the employer must replace a carcinogenic substance by another, non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the actual circumstances. The Committee requests the Government to provide clarification on the concept of "actual circumstances" in which such replacement is envisaged.

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

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:

1. Further to its previous comments, the Committee notes from the Government’s report that Decree No. 5253 GTLS-AOF of 19 July 1954 has not been in force for a long time, but that old colonial texts, including Decree No. 5253, like ILO Recommendations, are taken into account in the drafting of the Labour Code implementing regulations that are in progress. Given the Committee’s previous comments, in which it had pointed out that Decree No. 5253 had given effect to several provisions of the Convention, the Committee hopes that the draft Labour Code implementing regulations that are in preparation, will take up the relevant provisions of Decree No. 5253, and thus ensure the full application of the provisions of the Convention.

2. Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of Order No. 93/4794/MRAFDTP/DNTLS, the employer must replace a carcinogenic substance by another, non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the actual circumstances. The Committee requests the Government to provide clarification on the concept of "actual circumstances" in which such replacement is envisaged.

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

The Committee notes the provision by the Government of a report in reply to its previous comments.

Article 1, paragraph 1 of the Convention. The Committee notes that the draft conditions of service of the public service, which is being discussed within the Government, should contain the necessary measures to give full effect to the provisions of this Article of the Convention through their application in practice in all branches of economic activity. The Committee requests the Government to keep the International Labour Office informed of developments relating to these conditions of service and to provide a copy of them when they have been adopted.

Articles 4, 8 and 10. The Committee notes the information concerning a draft Order, prepared by the Government, which was due to be examined by the Advisory Committee on Labour and Social Legislation. This draft text would cover cesspits, drinking water, noise, vibration, air pollution, etc.

The Committee requests the Government to indicate whether this text is issued under section 171(1) of the Labour Code. It reminds the Government that, under the terms of Article 4, the provisions adopted must prescribe the specific measures to be taken both for the prevention of occupational hazards due to air pollution, noise and vibration, and to control and protect workers against these hazards.

The Committee also reminds the Government that, under the terms of Article 8 of the Convention, the above draft text should provide for the establishment of criteria for determining the hazards of exposure to air pollution, noise and vibration and should specify exposure limits.

The Committee notes that the Government’s report does not indicate whether the above draft text provides, as required by Article 10, for the provision of personal protective equipment where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authority.

The Committee requests the Government to keep the International Labour Office informed of the adoption of this draft text, to provide a copy when it has been adopted and to inform it of any other specific measures taken for the application of the provisions of Articles 4, 8 and 10 of the Convention.

Article 9. The Committee requests the Government to indicate the technical measures and supplementary work organizational measures intended to eliminate the above hazards.

Article 14. The Committee notes that the National Occupational Medicine Service is equipped with a laboratory which is inadequately provided with appropriate instruments for its needs, but that the Government plans within a relatively short period to provide the above Service with modern and appropriate equipment. It requests the Government to keep the International Labour Office informed of the progress made in equipping the National Occupational Medicine Service and to inform it of any other measures taken to promote such research.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

        Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of Order No. 93/4794/MRAFDTP/DNTLS, the employer must replace a carcinogenic substance by another, non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the actual circumstances. The Committee requests the Government to provide clarification on the concept of "actual circumstances" in which such replacement is envisaged.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the draft orders and guide concerning occupational hygiene, safety and health will soon be signed by the competent authority. It hopes that the necessary provisions will be adopted in the very near future to give effect to the provisions of the Convention and that they will take into account in an appropriate manner the comments that have been made for a number of years.

Article 1, paragraph 1, of the Convention. The Committee wishes to recall its previous comments, in which it noted that the public service is excluded from the provisions of the Labour Code, whereas under this Article all branches of economic activity are covered by the Convention. It requests the Government to indicate the measures which have been taken or are envisaged to apply the provisions of the Convention to the public service.

Article 4. The Committee noted previously that, under the terms of section 171(1) of the Labour Code, ministerial orders shall determine general health measures, particularly as regards ventilation, noise and vibration. The Committee once again hopes that an order will be adopted in the near future setting out the specific measures to be taken to prevent occupational hazards due to air pollution, noise and vibration, to control them and protect workers against these hazards, as required by this Article.

Article 8. The Committee requests the Government to indicate the measures which have been adopted to establish criteria determining the hazards of exposure to air pollution, noise and vibration and to specify exposure limits.

Article 9. The Committee requests the Government to indicate the technical and supplementary organizational measures to eliminate the above hazards.

Article 10. The Committee requests the Government to indicate the measures which have been taken to ensure the provision of personal protective equipment at workplaces where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authorities.

Article 14. The Committee notes that, in its report on Convention No. 139 for the period ending 30 June 1987, the Government indicated that a medical service had been provided with a laboratory for the study and analysis of employment accidents and occupational diseases. It requests the Government to indicate whether measures have been taken to promote research with regard to the prevention and control of hazards in the working environment due to air pollution, noise and vibration at this medical service. It also requests the Government to indicate any other measures which have been taken for the promotion of such research.

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

1. Further to its previous comments, the Committee notes from the Government's report that Decree No. 5253 GTLS-AOF of 19 July 1954 has not been in force for a long time, but that old colonial texts, including Decree No. 5253, like ILO Recommendations, are taken into account in the drafting of the Labour Code implementing regulations that are in progress. Given the Committee's previous comments, in which it had pointed out that Decree No. 5253 had given effect to several provisions of the Convention, the Committee hopes that the draft Labour Code implementing regulations that are in preparation, will take up the relevant provisions of Decree No. 5253, and thus ensure the full application of the provisions of the Convention.

2. Article 11 of the Convention. The Committee notes the Government's reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government's statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 2, paragraph 1, of the Convention. The Committee notes that under section 4 of Order No. 93/4794/MRAFDPT/DNTLS, the employer must replace a carcinogenic substance by another, non-carcinogenic or less carcinogenic substance, provided that such a substance exists, each time that such replacement can be envisaged in view of the actual circumstances. The Committee requests the Government to provide clarification on the concept of "actual circumstances" in which such replacement is envisaged.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes with satisfaction Order No. 93/4794/MRAFPT/DNTLS of 4 June 1993 on the prevention of occupational cancer, issued in application of the Convention and of section 171 of the Labour Code, which establishes a legal framework for protection against occupational cancer.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments that it has been making since 1983, the Committee has noted that no specific measures have been taken since the Convention was ratified to prevent and control occupational cancer in accordance with the Convention. In 1990, the Committee noted that, during the discussion concerning the application of this Convention in the Committee on the Application of Standards in the 1989 Conference, the Government expressed its wish for technical assistance from the ILO with a view to drawing up as quickly as possible an adequate legal framework for protection against occupational cancer. The Conference Committee hoped that practical progress could be reported before its 1990 meeting. This ILO technical assistance was provided prior to the International Labour Conference in 1990. In its latest report for the period ending 15 October 1991, the Government stated that the draft text concerning occupational cancer, formulated with the technical assistance of the ILO, would be signed in the very near future in order to give full effect to the provisions of the Convention. The Committee once again hopes that the Government will make every effort to take the necessary measures in the very near future to give effect to the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the draft orders and guide concerning occupational hygiene, safety and health will soon be signed by the competent authority. It hopes that the necessary provisions will be adopted in the very near future to give effect to the provisions of the Convention and that they will take into account in an appropriate manner the comments that have been made for a number of years.

Article 1, paragraph 1, of the Convention. The Committee wishes to recall its previous comments, in which it noted that the public service is excluded from the provisions of the Labour Code, whereas under this Article all branches of economic activity are covered by the Convention. It requests the Government to indicate the measures which have been taken or are envisaged to apply the provisions of the Convention to the public service.

Article 4. The Committee noted previously that, under the terms of section 171(1) of the Labour Code, ministerial orders shall determine general health measures, particularly as regards ventilation, noise and vibration. The Committee once again hopes that an order will be adopted in the near future setting out the specific measures to be taken to prevent occupational hazards due to air pollution, noise and vibration, to control them and protect workers against these hazards, as required by this Article.

Article 8. The Committee requests the Government to indicate the measures which have been adopted to establish criteria determining the hazards of exposure to air pollution, noise and vibration and to specify exposure limits.

Article 9. The Committee requests the Government to indicate the technical and supplementary organizational measures to eliminate the above hazards.

Article 10. The Committee requests the Government to indicate the measures which have been taken to ensure the provision of personal protective equipment at workplaces where the measures taken to eliminate hazards do not bring air pollution, noise and vibration within the limits specified by the competent authorities.

Article 14. The Committee notes that, in its report on Convention No. 139 for the period ending 30 June 1987, the Government indicated that a medical service had been provided with a laboratory for the study and analysis of employment accidents and occupational diseases. It requests the Government to indicate whether measures have been taken to promote research with regard to the prevention and control of hazards in the working environment due to air pollution, noise and vibration at this medical service. It also requests the Government to indicate any other measures which have been taken for the promotion of such research.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the statement made by the Government in its report for the period ending 30 June 1989 that it has taken note of the Committee's previous comments and that a number of regulations are being drafted in order to give full effect to the Labour Code. It further notes that the Government has requested ILO technical assistance for drafting these texts so that they will be in conformity with the provisions of ILO Conventions. The Committee hopes that the provisions necessary for the full application of all Articles of the Convention will be drafted in the very near future and that they will adequately reflect the Committee's previous comments.

1. Article 1, paragraph 1 of the Convention. The Committee would recall that, in its previous comments, it noted that the public service was excluded from the provisions of the Labour Code, whereas under this Article all branches of economic activity are covered by the provisions of the Convention. It requests the Government to indicate the measures taken or envisaged to apply the provisions of the Convention to the public service.

2. Article 4. The Committee noted, in its previous comments, that section 171(1) of the Labour Code provided for Ministerial Orders to determine the general measures of public health, particularly with regard to ventilation, noise and vibration. The Committee again expresses the hope that an order will be adopted in the near future to prescribe specific measures to be taken for the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration, as required by this Article. It hopes that such order will in particular give full effect to the following provisions:

Article 8. The Committee requests the Government to indicate the measures to establish criteria for determining the hazards of exposure to air pollution, noise and vibration and to specify exposure limits.

Article 9. It further requests the Government to indicate the technical and organisational measures to eliminate those hazards.

Article 10. The Committee requests the Government to indicate the measures taken to ensure the provision of personal protective equipment at workplaces where the air pollution, noise and vibration levels exceed the exposure limits determined by the competent authority.

3. Article 14. The Committee notes that, in its report for Convention No. 139, the Government indicated that a medical service had been endowed with a laboratory for the study and analysis of occupational accidents and diseases. The Committee requests the Government to indicate whether measures have been taken to promote research with regard to the prevention and control of hazards in the working environment due to air pollution, noise and vibration at this medical service. It also requests the Government to describe any other measures taken for the promotion of this research.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. In its previous direct request, the Committee requested the Government to indicate whether Decree No. 5253 GTLS-AOF of 19 July 1954 was still in force.

In its report, the Government indicated that the above-mentioned Decree is still used as a guideline and that it has the intention to proceed with the adaptation of these old texts.

Given that Decree No. 5253 gives effect to several provisions of the Convention, the Committee requests the Government to specify whether the Decree No. 5254 is in force and to communicate information on the adoption of the regulations provided in the Labour Code.

2. With respect to its previous comment on section 170 of the Labour Code, the Committee notes the Government's indication that, by virtue of section 169 of the Labour Code, the employer is required to take all useful measures adapted to the conditions of the enterprise to protect the life and health of workers. The Committee notes, nevertheless, that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention.

The Committee requests the Government to indicate whether the employer can, by virtue of section 170, authorize or order workers to remove safety guards from machines.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that no report has been received from the Government. It would recall that, in the report form under Article 7 of the Convention, the Government is requested to continue to supply statistics concerning lead poisoning among working painters in order to give an indication as to the practical application of the provisions of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In the comments that it has been making since 1983, the Committee has noted that no specific measures have been taken since the Convention was ratified to prevent and control occupational cancer in accordance with the Convention.

In 1990, the Committee noted that, during the discussion concerning the application of this Convention in the Committee on the Application of Standards in the 1989 Conference, the Government expressed its wish for technical assistance from the ILO with a view to drawing up as quickly as possible an adequate legal framework for protection against occupational cancer. The Conference Committee hoped that practical progress could be reported before its 1990 meeting. This ILO technical assistance was provided prior to the International Labour Conference in 1990. In its latest report for the period ending 15 October 1991, the Government stated that the draft text concerning occupational cancer, formulated with the technical assistance of the ILO, would be signed in the very near future in order to give full effect to the provisions of the Convention.

The Committee once again hopes that the Government will make every effort to take the necessary measures in the very near future to give effect to the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that no report has been received from the Government. 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:

With reference to its observation, the Committee noted with interest the Government's request for ILO technical assistance. The Committee hoped that with this assistance, the Government would be able to take the necessary steps to adopt specific measures for the prevention and control of occupational cancer and that such measures would give full effect to the following provisions of the Convention:

Article 1 (Determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, and those to which other provisions of this Convention shall apply.)

Article 2 (Replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents and reduction of the number of workers exposed to them and the duration and degree of such exposure.)

Article 3 (Specific measures to protect workers against the risks of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records.)

Article 4 (The provision of information to workers who have been exposed to carcinogenic substances or agents on the dangers involved and on the measures to be taken to provide protection.)

Article 5 (Medical examination of workers who have been exposed after their period of employment. This examination, in the same way as the examination that must be made of workers before their recruitment and during employment, by virtue of section 193 of the Labour Code, must include, in the case of workers who have been exposed to carcinogenic substances or agents, biological or other tests or investigations that are necessary to evaluate their exposure and supervise their state of health.)

The Committee also recommended the provisions of the Occupational Cancer Recommendation, 1974 (No. 147), and the revised 1988 edition of the manual "Occupational cancer: Prevention and control" published by the ILO (Occupational Safety and Health Series, No. 39) for guidance in the drafting of laws, regulations or technical measures for the full application of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that no report has been received from the Government. It must therefore refer to its previous observation concerning the following matters:

In earlier comments, the Committee had noted that no specific measures had been taken since the Convention was ratified to prevent and control occupational cancer in accordance with the Convention.

The Committee noted with interest that, during the discussion concerning the application of this Convention at the Committee on the Application of Standards to the 1989 Conference, the Government had expressed its wish for technical assistance from the ILO with a view towards drawing up as quickly as possible an adequate legal framework for protection against occupational cancer. The Conference Committee had expressed the hope that concrete progress in this respect would be reported prior to the meeting of this Committee in 1990.

The Committee understood that ILO technical assistance should occur prior to the International Labour Conference in June 1990 and hoped that, with this assistance, the Government would be able to take, in the very near future, the necessary steps for the application of the Convention in law and in practice.

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

[The Government is asked to report in detail for the period ending 30 June 1991.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its observation, the Committee notes with interest the Government's request for ILO technical assistance. The Committee hopes that with this assistance, the Government will be able to take the necessary steps to adopt specific measures for the prevention and control of occupational cancer and that such measures will give full effect to the following provisions of the Convention:

Article 1 (Determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, and those to which other provisions of this Convention shall apply.)

Article 2 (Replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents and reduction of the number of workers exposed to them and the duration and degree of such exposure.)

Article 3 (Specific measures to protect workers against the risks of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records.)

Article 4 (The provision of information to workers who have been exposed to carcinogenic substances or agents on the dangers involved and on the measures to be taken to provide protection.)

Article 5 (Medical examination of workers who have been exposed after their period of employment. This examination, in the same way as the examination that must be made of workers before their recruitment and during employment, by virtue of section 193 of the Labour Code, must include, in the case of workers who have been exposed to carcinogenic substances or agents, biological or other tests or investigations that are necessary to evaluate their exposure and supervise their state of health.)

The Committee also recommends the provisions of the Occupational Cancer Recommendation, 1974 (No. 147), and the revised 1988 edition of the manual "Occupational cancer: Prevention and control" published by the ILO (Occupational Safety and Health Series, No. 39) for guidance in the drafting of laws, regulations or technical measures for the full application of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the statement made by the Government in its report that it has taken note of the Committee's previous comments and that a number of regulations are being drafted in order to give full effect to the Labour Code. It further notes that the Government has requested ILO technical assistance for drafting these texts so that they will be in conformity with the provisions of ILO Conventions. The Committee hopes that the provisions necessary for the full application of all Articles of the Convention will be drafted in the very near future and that they will adequately reflect the Committee's previous comments.

1. Article 1, paragraph 1. The Committee would recall that, in its previous comments, it noted that the public service was excluded from the provisions of the Labour Code, whereas under this Article all branches of economic activity are covered by the provisions of the Convention. It requests the Government to indicate the measures taken or envisaged to apply the provisions of the Convention to the public service.

2. Article 4. The Committee noted, in its previous comments, that section 171(1) of the Labour Code provided for Ministerial Orders to determine the general measures of public health, particularly with regard to ventilation, noise and vibration. The Committee again expresses the hope that an order will be adopted in the near future to prescribe specific measures to be taken for the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration, as required by this Article. It hopes that such order will in particular give full effect to the following provisions:

Article 8. The Committee requests the Government to indicate the measures to establish criteria for determining the hazards of exposure to air pollution, noise and vibration and to specify exposure limits.

Article 9. It further requests the Government to indicate the technical and organisational measures to eliminate those hazards.

Article 10. The Committee requests the Government to indicate the measures taken to ensure the provision of personal protective equipment at workplaces where the air pollution, noise and vibration levels exceed the exposure limits determined by the competent authority.

3. Article 14. The Committee notes that, in its report for Convention No. 139, the Government indicated that a medical service had been endowed with a laboratory for the study and analysis of occupational accidents and diseases. The Committee requests the Government to indicate whether measures have been taken to promote research with regard to the prevention and control of hazards in the working environment due to air pollution, noise and vibration at this medical service. It also requests the Government to describe any other measures taken for the promotion of this research.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In earlier comments, the Committee noted that no specific measures have been taken since the Convention was ratified to prevent and control occupational cancer in accordance with the Convention.

The Committee notes with interest that, during the discussion concerning the application of this Convention at the Committee on the Application of Standards to the 1989 Conference, the Government expressed its wish for technical assistance from the ILO with a view towards drawing up as quickly as possible an adequate legal framework for protection against occupational cancer. The Conference Committee expressed the hope that concrete progress in this respect would be reported prior to the meeting of this Committee in 1990.

The Committee understands that ILO technical assistance shall occur prior to the International Labour Conference in June and hopes that, with this assistance, the Government will be able to take, in the very near future, the necessary steps for the application of the Convention in law and in practice.

[The Government is asked to report in detail for the period ending 30 June 1990.]

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes Ordinance No. 003/PRG/SGG/88 of 28 January 1988, issuing the Labour Code. It would be grateful if the Government would supply additional information in its next report on the following points:

1. Under section 406 of the Labour Code, the regulations issued under the 1960 Labour Code remain in force for all their provisions which are not contrary to the present Labour Code. Please indicate whether Order No. 5253GTLS-AOF dated 19 July 1954, issued under the Overseas Labour Code, remains in force.

2. Article 11 of the Convention. Section 170 of the Code provides that employees shall use health and safety devices properly and shall refrain from removing them or modifying them without the employer's permission. As this Article of the Convention forbids a worker to be required to use any machinery without the guards provided being in position or to make inoperative the guards provided, please indicate whether section 170 of the Code permits an employer to authorise a worker to remove or modify a guard when this would be contrary to his safety, or to request him to do so.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its previous observations, the Committee notes with satisfaction that Order No. 003 PRG/SGG/88 of 28 January 1988 issuing the Labour Code, contains provisions on the guarding of machinery that are applicable to all sectors of economic activity, including the maritime and agricultural sectors, in accordance with Article 17 of the Convention. The new Labour Code also gives effect to the provisions of Article 11 of the Convention, forbidding workers to use machinery without the guards provided being in position or to make inoperative the guards provided.

The Committee is raising other matters in a request addressed directly to the Government.