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 155 (OSH), and 187 (promotional framework for OSH), 115 (radiation protection), 139 (occupational cancer), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 170 (chemicals), 174 (prevention of major industrial accidents) 176 (safety and health in mines) and 184 (safety and health in agriculture) together.

The Committee takes note of the observations submitted the Confederation of Christian Trade Unions (CSC), the General Confederation of Liberal Trade Unions of Belgium (CGSLB) and the General Labour Federation of Belgium (FGTB) received on 23 September 2025, as well as the Government’s response, received on 24 November 2025.

Application in practice of Conventions Nos 115, 139, 161, 162, 167, 170, 174, 176 and 184. The Committee notes the statistical information provided in the Government’s reports concerning the application in practice of the ratified Conventions, including the number of inspections conducted and the shortcomings observed. It notes, from this information, that the shortcomings identified are being followed up in the “Seveso” enterprises, which fall within the scope of application of the European Directive on the control of major-accident hazards involving dangerous substances. The Committee also notes the observations of the CSC, CGSLB and the FGTB alleging that serious accidents frequently occur and that in the subcontracting supply chain there is an important increase in bogus self-employment, workers without an employment contract, and a lack of communication and coordination. The Committee requests the Government to continue to indicate the number of inspections undertaken, the number of occupational accidents and diseases noted in the different sectors, and the measures taken to reduce them. While noting the Government’s response regarding the revision of the legislation envisaged in respect of temporary or mobile worksites the Committee also requests the Government to provide further information on the measures taken to remedy the shortcomings detected by inspections in: (i) work sites; and (ii) the enterprises where workers are exposed to asbestos. Regarding occupational safety and health services, the Committee requests the Government to provide all available information on their scope of application and the number of workers covered by the health services in practice.

A. General provisions

I . Action at national level

Article 2(2) and (3) of Convention No. 155. Scope of application. Domestic workers and other household staff. Further to its earlier comments on the scope of application of the Act of 4 August 1996 on the well-being of workers, the Committee duly notes that the Royal Order of 7 May 2023 establishes the specific measures related to the well-being at work of domestic workers and household staff. The Committee notes this information, which responds to its previous request.

Article 13 of Convention No. 155. Right of workers to remove themselves. The Committee notes section I.2-26 of the Welfare at Work Code which refers to a case of imminent and serious danger “and which cannot be avoided”. In this regard, the Committee observes that Article 13 of Convention No. 155 does not refer to a danger “that cannot be avoided”. The Committee also notes that in response to its previous comment on Convention No. 167, in which it raised a similar point concerning sections I.2-24 and I.2-26 of the Welfare at Work Code, the Government indicates that a revision of the regulation in force is under way. The Committee takes due note of the Government’s indication, in its response to the observations of the CSC, CGSLB and the FGTB, that the administration will examine the issue and will: (i) introduce a provision allowing workers to remove themselves from the worksite in case of imminent and serious danger in a new regulatory text on work sites; or (ii) amend section I.2-26 of the Code. Taking these indications into account, the Committee requests the Government to continue to provide information on legislative developments in respect of section I.2-26 of the Welfare at Work Code.

National policy

Articles 4 and 8 of Convention No. 155 and 3 of Convention No. 187. National OSH policy. The Committee takes due note of the Government’s indication regarding the 2017 codification of OSH legislation as the Welfare at Work Code. The Committee requests the Government to continue to provide information on all major developments concerning the OSH legislative framework. The Committee also requests the Government to indicate any movement towards the adoption of a new national OSH strategy, in consultation with the social partners.

Article 5(c) of Convention No. 155 and 4(3)(c) of Convention No. 187. Occupational safety and health training. The Committee notes the observations of the CSC, the CGSLB and the FGTB, according to which insufficient attention is paid to training on well-being at work, and that in small enterprises with fewer than 20 workers, the employer may assume the role of prevention adviser, without having undergone the related training. The Committee also notes that the Government, in its response, indicates that the Welfare at Work Code provides explicitly that the Employer must ensure that both the chain of command and the workers undergo training in workers’ well-being. The Committee requests the Government to provide information on the measures taken or envisaged in practice concerning the training of employers who assume the function of prevention adviser.

National Programme

Article 5 of Convention No. 187. Objectives, targets and indicators of progress. With reference to its previous comment, the Committee takes due note of the adoption of a national action plan to improve the well-being of workers at work, 2022–27. According to the Government, this plan is a living framework and will be discussed annually with the social partners in the Higher Council for Occupational Prevention and Protection. The Government also specifies that the list of shared priorities of the social partners of the Council has already been incorporated into the plan of action. The Government refers to the creation of a website in 2024, bringing together 550 Belgian indicators on working conditions and occupational hazards, and which will allow the fixing of concrete indicators to monitor the well-being at work policy for the next national strategy. The Committee requests the Government to provide more information on the indicators of progress elaborated under the national plan of action to improve the well-being of workers at work, 2022–27. It requests the Government to continue to provide information on the development of this plan of action and on the elaboration of the next plan, in consultation with the social partners.

II. Action at the level of the undertaking

Articles 19 and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation at the level of the undertaking. The Committee notes the observations of the CSC, the CGSLB and the FGTB that direct participation of workers in small enterprises is often not implemented in practice, and that only three per cent of enterprises in the country benefit from structural social concertation on OSH, in which the representatives of the workers are protected from retaliation by the employer. The Committee request the Government to provide further information on the implementation in practice of Articles 19 and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187.

Occupational Health Services Convention, 1985 (No. 161).

Articles 3(1) and Article 5 of Convention No. 161 of Convention No. 187. Occupational health services for all workers. Functions of the occupational health services. The Committee notes the observations of the CSC, the CGSLB and the FGTB, according to which there is a shortage of occupational physicians, who are unable to perform 67 per cent of the health checks required by law. According to these observations, the doctors are also assigned additional tasks unrelated to primary prevention or health monitoring. The Committee also notes the Government’s response, indicating that it is aware of the shortage of occupational physicians and that it will take note of the concerns expressed by the unions in this regard within the framework of its future reforms. The Committee requests the Government to provide information on the measures taken or envisaged to counter the difficulties identified and ensure, in law and in practice, that Article 3(1) and Article 5 of the Convention are effectively implemented.

B. Protection against specific hazards

The Radiation Protection Convention, 1960 (No. 115)

Article 6(2) of Convention No. 115. Maximum permissible doses. Protection of pregnant and nursing workers. With regard to pregnant or nursing workers, the Committee notes the Government’s indication that Annex X.5-2 of the Welfare at Work Code will be amended and aligned with the provisions of the Royal Order of 20 July 2001 issuing the general regulations on protection of the population, workers and the environment against the hazard of ionizing radiation and with the requirements of the International Atomic Energy Agency. The Committee requests the Government to continue to provide information on legislative developments in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Article 3 of Convention No. 139. System of records. The Committee notes that the CSC, the CGSLB and the FGTB indicate in their observations that there are gaps in the collection of data on the exposure of workers to carcinogenic substances. According to these observations, the system of recording data is not uniform throughout the different occupational prevention and protection services. The Committee requests the Government to provide its comments in this respect.

Article 5. Health surveillance. The Committee notes that in their observations, the CSC, CGSLB and the FGTB point to shortcomings in respect of long-term health surveillance, resulting from the difficulty of establishing, in practice, the responsibilities of the different prevention bodies and services. The Committee requests the Government to provide its comments in this respect.

Asbestos Convention, 1986 (No. 162)

Article 22(3) of Convention No. 162.Information for workers. The Committee notes that the CSC, the CGSLB and the FGTB consider, in their observations, that measures to provide workers with information should be reinforced. The Committee notes that the Government, in its response, refers the provisions of section VI.3-36 of the Welfare at Work Code which gives effect in law to Article 22(3). The Committee request the Government to provide all currently available information on the application in practice of section VI.3-36 of the Welfare at Work Code.

Chemicals Convention, 1990 (No. 170)

Article 10(3) of Convention No. 170. Employer’s responsibilities. With reference to its earlier comments, the Committee notes, according to the Government, that compliance with Article 10(3) of the Convention is secured largely by the unavailability on the market of chemical agents that are not in conformity with European Union regulations. The Committee notes this information, which responds to its previous request.

Article 14. Disposal. The Committee notes the information provided by the Government in response to its previous comments on the legislative framework in force concerning disposal of waste in the Brussels Capital and Wallonia regions. The Committee notes this information, which responds to its previous request.

Article 18(1). Workers’ right to remove themselves from danger. The Committee refers the Government to its comment under Article 13 of Convention No. 155. It requests the Government to indicate all other measures taken to ensure the application of Article 18(1) of the Convention.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 20(e) of Convention No. 174. Rights and duties of workers and their representatives. Corrective action and interruption of the activity. The Committee notes the information provided by the Government concerning the provisions that give effect to Article 20(e).The Committee requests the Government to provide information on the application in practice, in the context of “Seveso” enterprises, of Article 20(e), which provides that workers and their representatives shall, within the scope of their job, and without being placed at any disadvantage, take corrective action and if necessary interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident, and notify their supervisor or raise the alarm, as appropriate, before or as soon as possible after taking such action.

C. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12 of Convention No. 167. Right of workers to remove themselves from imminent and serious danger. Obligation of employers where there is an imminent danger to the safety of workers. Further to its previous comments on sections I.2-24 and I.2-26 of the Welfare at Work Code, the Committee refers the Government to its comment under Article 13 of Convention No. 155. It also requests the Government to report on any progress made regarding the amendment of section I.2-24 of the Welfare at Work Code.

Article 23. Work over water. Further to its previous comments, the Committee notes that according to section IV.2-1 of the Welfare at Work Code, when choosing work equipment to be used, the employer shall take into consideration the specific characteristics of the work and existing hazards in the enterprise or establishment, in particular at work posts. The Committee notes this information, which responds to its previous request.

Article 27. Explosives. Further to its previous comments, the Committee notes that the Government refers to the Royal Order of 23 September 1958 issuing the general regulations for the manufacture, storage, possession, sale, transport and use of explosive products. Section 59 of this Order provides that piecework in a workshop deemed hazardous shall only be undertaken after consultation of the safety and health committee and with a favourable opinion issued by the explosives service, which prescribes the safety measures required. According to section I.2-20 of the Welfare at Work Code, the employer shall take the necessary measures to allow access to zones of grave and specific danger only to workers that have undergone appropriate training. Finally, in its response to the observations of the CSC, the CGSLB and the FGTB, the Government refers to section 26(1)(9) of the Royal Order of 25 January 2001 concerning temporary or mobile work sites, which makes the establishment of a safety and health plan mandatory for work involving the use of explosives. Noting the general requirement to establish a safety and health plan, the Committee requests the Government to indicate all provisions specifically concerning the conditions for the storage, transport, handling and use of explosives on construction sites.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4(1) of Convention No. 184. Coherent national policy on safety and health in agriculture. With reference to its previous comments, the Committee takes due note of the Agreement of 2015 on well-being at work and safety at work in the agricultural and horticultural sector and the information provided by the Government regarding its implementation. It notes that the signatories agree to evaluate the Agreement of 2015 at regular intervals and, if required, to adapt it for the following year (section 5 of the Agreement of 2015). The Committee also takes note of the various activities undertaken and tools introduced under the National Strategy for Welfare at Work 2016–2020, particularly aimed at improving OSH in small and medium-sized enterprises. The Committee requests the Government to provide information on the periodic re-examination, in practice, of the coherent national policy on safety and health in agriculture, and on consultations held with the social partners in this regard.

Article 4(2)(a) and (c). Competent authority and mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes the information provided by the Government on the distribution of competence between the different authorities in charge of the marketing and monitoring of biocidal and plant protection products. The Committee also notes, according to section 2 of the Agreement of 2015 on well-being at work and safety at work in the agricultural and horticultural sector, that the signatories agreed to establish a support committee, with the aim of maximizing alignment of the initiatives for a coordinated approach to improving safety at work on the ground. The Committee requests the Government to continue providing information on the mechanisms of inter-sectoral coordination between the authorities and the relevant bodies in the agricultural sector, including the function of the support committee in this regard.

Article 7(c) and 8(1)(c). Obligation of employers where there is an imminent and serious danger. Right of workers to remove themselves from danger. The Committee refers the Government to its comment under Article 13 of Convention No. 155. It also requests the Government to report on progress made regarding the amendment of section I.2-24 of the Welfare at Work Code.

Articles 12(c) and 13(2)(b), (c) and (d). Suitable system for the safe collection, recycling and disposal of chemical waste. Preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee notes the information provided by the Government regarding the AgriRecover system in the Wallonia region. The Government also states that supervision of farmers as regards the safe use of plant protection products is ensured through the requirement to hold a federal licence known as a “phytolicence”. The Committee requests the Government to provide more information on the manner in which the “phytolicence” system regulates, at undertaking level: (i) agricultural activities leading to the dispersal of chemicals (Article 13(2)(b)); (ii) the maintenance, repair and cleaning of equipment and containers for chemicals (Article 13(2)(c)); and (iii) the disposal of empty containers and the treatment and disposal of chemical waste and obsolete chemicals (Article 13(2)(d)).

Article 19. Minimum accommodation standards for workers. The Committee takes note of the observations of the CSC, the CGSLB and the FGTB, indicating that the social partners were not involved in decisions concerning standards regarding accommodation, which come under the competence of the regions and, for certain aspects, of the municipal administrations. The Committee again requests the Government to provide information on the measures taken at regional level to give effect to these provisions, and on the consultations held in this regard with the social partners.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s first report.

Article 5 of the Convention. National programme on occupational safety and health (OSH). Objectives, targets and indicators of progress. The Committee notes the National Strategy for Well-Being at Work 2016-20 and the report on its evaluation, which provides a summary of the actions undertaken in the context of the national strategy. It also notes that this strategy contains operational objectives linked to four strategic objectives to improve OSH practices in the country, such as healthy and safe work, strengthening participation in the labour market, and reinforcing prevention and the culture of prevention. The Committee further notes that the strategy and its evaluation report do not include specific qualitative indicators of progress or measurable targets. The Committee recalls that in its 2017 General Survey, Working together to promote a safe and healthy working environment, paragraphs 147–153, it stressed the importance of evaluating the past performance of national OSH programmes using a methodology based on clear targets and indicators of progress. In this regard, the Committee requests the Government to supply more information on the elaboration of qualitative indicators of progress that make it possible to evaluate to what extent the objectives of the national strategy for well-being at work are being achieved, as required by Article 5(2)(d) of the Convention. It also requests the Government to continue to supply information on the formulation and adoption of a new national strategy for well-being at work and on the consultations held in this context. It further requests the Government to send a copy of this strategy once it has been adopted.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 reports on which are examined this year, the Committee considers it appropriate to examine Conventions Nos 167 (on safety and health in construction) and 170 (on chemicals) together.

The Committee takes note of the first reports of the Government concerning Conventions Nos 167 and 170, and the supplementary information provided concerning Convention No. 170, in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

A. Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 10(3). The employer’s responsibilities. The Committee notes the obligations pertaining to employers, including those concerning risk analysis in the workplace, which are covered in Title 1 “Chemical Agents” of Book VI of the Code on Welfare at Work, promulgated in 2017. The Committee notes, however, that the Code on Welfare at Work does not appear to include the specific obligation of Article 10(3) of the Convention, which requires employers to ensure that only chemicals which are classified, or identified and assessed, and labelled or marked in accordance with the Convention are used. The Committee requests the Government to indicate the specific provisions setting forth the obligation of employers to ensure that, in accordance with Article 10(3), only chemicals which are classified in accordance with Article 6 or identified and assessed in accordance with Article 9, paragraph 3, and labelled or marked in accordance with Article 7 are used.

Article 14. Disposal. The Committee notes that section VI.1-5, 4 of the Code on Welfare at Work defines an “activity involving chemicals” as including the “disposal” of these chemicals and that, consequently, the provisions of the Code on Welfare at Work, Book VI, Title 1 on "Chemical Agents" apply to safety and health risks. The Committee also notes the Government's indication in its report that the protection of the environment, in the context of the disposal of chemical agents, falls under the competence of the Regions, and of the legislation in force for the Flemish authority. The Committee requests the Government to provide further information on the manner in which it is ensured, in the various regions, that hazardous chemicals which are no longer required and containers which have been emptied but which may contain residues of hazardous chemicals, are handled or disposed of in a manner which eliminates or minimizes the risk to the environment.

Article 18(1). Right to remove oneself from danger. La Committee notes that section I.2-26 of the Code on Welfare at Work provides that workers who remove themselves from their workplace or a hazardous area in the event of serious and immediate danger “and which cannot be avoided", must not suffer any damages and must be protected from any harmful and unjustified consequences. Section I.2-26 of the Code also stipulates that the workers must immediately inform their line manager and competent internal unit. The Committee notes that Article 18(1) of the Convention does not refer to a danger “which cannot be avoided”. The Committee therefore requests the Government to take the necessary measures to align its legislation with this Article. It requests the Government to indicate all other measures to ensure that workers have the right to remove themselves from resulting from the use of chemicals when they have reasonable grounds to believe there is an imminent and serious risk to their safety or health, in accordance with Article 18(1) of the Convention.

Application of the Convention in practice. The Committee notes the data provided by the Government concerning the inspections carried out in enterprises, between June 2018 and April 2019, by the Directorate for the prevention of major accidents, which identify certain shortcomings in the regulations relating to labelling, distribution of safety data sheets, signage, and protection against exposure to chemical agents. The Committee requests the Government to continue providing information on the measures taken to ensure the effective application of this Convention in practice, including the number of inspections in enterprises carrying out activities involving chemicals, any shortcomings identified and the outcome of follow-up action.

B. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12 of the Convention. Right to remove oneself from an imminent and serious danger. Employer’s obligation when there is an imminent danger to the safety of workers. The Committee notes that section I.2-26 of the Code on Welfare at Work provides for the right of workers to remove themselves in the event of serious and immediate danger "and which cannot be avoided”. In addition, according to section I.2-24 of the Code on Welfare at Work, the employer must “take measures and give instructions to the workers to allow them, in the event of serious and immediate danger which cannot be avoided, to stop their activity or to move to safety by immediately evacuating the workplace. The Committee recalls that Article 12(1) and (2) of the Convention do not refer to a danger which "cannot be avoided". The Committee therefore requests the Government to take the necessary measures to align its legislation with this Article. It also requests it to indicate all other measures taken or envisaged to give effect to Article 12.

Article 23. Work over water. The Committee notes that section 468 of the General Regulation for occupational prevention and protection provides that where there is a risk of drowning, easily accessible life-saving equipment shall be made available to personnel. The Committee also notes that, pursuant to section 26(1) of the Royal Decree of 25 January 2001 concerning temporary or mobile work sites, specific prevention measures relating to work exposing workers to a risk of drowning must be described in the health and safety plan of the temporary or mobile work site where such work is being carried out. The Committee requests the Government to provide further information on the manner in which it is ensured that these measures include those set forth under Article 23(a) (preventing workers from falling into water) and (c) (safe and sufficient transport) of the Convention.

Article 27. Explosives. The Committee notes that under section 26(1) of the Royal Decree of 25 January 2001 concerning temporary or mobile work sites, the specific preventive measures relating to work involving the use of explosives must be described in the safety and health plan of the temporary or mobile work site where such work is being carried out. The Committee requests the Government to provide further information on the national conditions in which explosives must be stored, transported, handled or used; and the measures taken to ensure that explosives are stored, transported, handled or used only by a competent person, who must take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s first report.

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee notes the Government’s indication that an agreement on well-being at work in the agricultural and horticultural sector was signed in October 2015 by the Minister of Employment; the Federal Public Service for Employment, Labour and Social Dialogue; the Boerenbond; the Flemish Vocational Association of Ornamental Horticulture and Creation and Maintenance of Green Spaces; the Walloon Horticultural Federation; the Walloon Federation of Agriculture; as well as the trade union organizations of the Joint Commission for Agriculture and Horticulture, PreventAgri Walloon and PreventAgri Flanders. The Committee also notes that, according to the Government’s indication, the 2016–20 National Strategy for Well-being at Work applies to all sectors. The Committee requests the Government to provide a copy of the agreement on well-being at work in the agricultural and horticultural sector, and to provide further information on the formulation, implementation and review of the well-being policy and the multi-year plan of action, as provided for in the Convention. It also requests the Government to provide information on the implementation of the national well-being at work strategy in the agricultural sector, as well as any subsequent national strategy, and on the measures taken or envisaged to ensure coherence between the agreement on well-being at work in the agricultural and horticultural sector and the national strategy.

Article 4(2)(a) and (c). Competent authority and mechanisms of inter sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes the Government’s indication that the Federal Public Service for Employment, Labour and Social Dialogue is the competent authority for the implementation of the agreement on well-being and safety at work in agriculture and horticulture and that the Federal Public Service for Public Health is the competent authority for the normative framework and the monitoring of pesticides, biocides, fertilizers and additives intended for animal feed. It also notes that a meeting with the sectors concerned is being held to discuss biocide-related risks, as well as the findings of an evaluation of the 2008–12 National Strategy for Well-being at Work concerning the lack of communication and clarity of responsibilities. The Committee requests the Government to provide further information on the existing or envisaged mechanisms to clearly define the responsibility and ensure coordination among the relevant authorities and bodies for the agricultural sector, including the Federal Public Service for Employment, Labour and Social Dialogue, the Federal Public Service for Public Health and any other relevant body.

Article 12(c), Article 13(2)(b), (c) and (d), and Article 19. Suitable system for the safe collection, recycling and disposal of chemical waste. Preventive and protective measures for the use of chemicals and handling of chemical waste. Minimum accommodation standards for workers. The Committee notes the Government’s indications that the collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers (Article 12(c)), preventive and protective measures for the use of chemicals and handling of chemical waste (Article 13(2)(b), (c) and (d)), as well as minimum accommodation standards for workers who are required to live in the undertaking (Article 19(b)) fall within the jurisdiction of the regions. The Committee requests the Government to provide further information on the measures taken at the regional level to give effect to these provisions, and on the consultations held or envisaged on this subject with the social partners.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Application of the Convention in practice. The Committee notes the information provided in the Government’s report concerning the number of occupational accidents in general, as well as on the inspections planned in Limbourg-Brabant, the active area of the country with respect to extractive industries. The Committee requests the Government to continue to provide information on the application of the Convention in practice, and to provide information on the number of occupational accidents, if any, in the mining sector. It requests the Government to continue to provide information on the preventive and supervisory activities conducted by the labour inspectorate in this sector.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 concerning this Convention, and particularly the request for information contained in paragraph 30.

Article 7(2) of the Convention. Young workers under the age of 16 years. In its previous comments, the Committee requested the Government to provide information on the legislative measures adopted to give effect to this provision. The Committee notes the adoption of the Royal Order dated 31 May 2016 amending the Royal Order of 3 May 1999 on the protection of young persons at work and the Royal Order of 21 September 2004 on the protection of trainees. It notes with satisfaction that, under the terms of this new Order, the age from which types of work considered to be hazardous may be undertaken, including work involving exposure of young workers to ionizing radiations, has been increased from 15 to 16 years, in conformity with Article 7(2) of the Convention.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Application of the Convention in practice. The Committee takes note of the information provided by the Government to the effect that 1,800 workers are employed in the underground or open cast extractive industry. It also notes that 10 per cent of the 348 inspections conducted in the mining sector between 1 June 2014 and 27 May 2015 gave rise to important notices on safety and health and that in six cases work was stopped or specific measures were imposed. The Committee requests the Government to continue to provide information on the application of the Convention in practice, particularly statistical data on the number of occupational accidents and infringements reported and information on the preventive and supervisory activities conducted by the labour inspectorate in this sector.

The Committee further notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will provide full information on the points raised in its previous direct request which read as follows:

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that occupational safety and health policy is discussed within the Higher Council for Health and Safety at Work, a body made up of an equal number of representatives from employers’ and workers’ organizations. It also notes that, according to the Government, there was a Higher Council specifically for mining activities, but it no longer convenes as the mines have closed. While noting the limited numbers of workers involved in primary ore processing, the Committee requests the Government to indicate the manner in which it is ensured that issues of occupational safety and health specific to processing primary ore are taken into consideration, in consultation with the most representative employers’ and workers’ organizations, during the formulation and implementation of the national safety and health policy, in accordance with the provisions under Article 3.

Article 13. Rights of workers and their safety and health representatives. In its report, the Government refers to the Royal Decree of 3 May 1999 concerning the duties and procedures of the safety and health committees (Royal Decree on Committees) and states that matters relating to occupational safety and health may be addressed by workers through these committees, which are compulsory in mining enterprises with more than 20 employees. While noting that the legislation in force, and especially the “Well-being” Act, the Royal Decree on Extraction Industries and the Royal Decree on Committees, give effect to a certain number of provisions under Article 13 of the Convention, the Committee requests the Government to specify in what manner workers and their representatives are entitled to report accidents, dangerous occurrences and hazards to the employer and to the competent authority (Article 13(1)(a)).

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

Article 4 of the Convention. The Committee notes the Government’s indication that, following the evaluation of the National Strategy on Well-being at Work 2008–12, a number of conclusions were drawn, including a lack of commitment to the Strategy, a lack of clarity concerning responsibilities and a lack of communication in relation to the strategic and operational objectives, and that possible ways forward for the structure and content of the new Strategy were identified. In this regard, the Committee notes that the National Strategy on Well-being at Work 2014–20 is still at the draft stage. It also notes that the Government and the National Labour Council refer to the opinion issued by the Council on 25 November 2015 (Opinion No. 1918), examining the draft National Strategy. According to the Government’s indication, it is now for the Minister of Employment to make proposals for action on the Strategy and to then submit them to the social partners. The Committee requests the Government to continue providing information on the development and adoption of the new National Strategy on Well-being at Work 2014–20 and on the consultations held in this context, and to provide a copy of the Strategy once it has been adopted.

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

Article 2(2) and (3) of the Convention. Scope of application. Domestic workers and other household staff. Further to its previous comments, the Committee notes with interest the adoption of the Act of 15 May 2014 amending the Act of 4 August 1996 with respect to domestic workers and household staff. It notes that the Act, the objective of which is to give effect to the Act of 4 August 1996 with respect to the well-being of workers in the performance of the work, domestic workers and household staff, will enter into force at a date that is still to be determined by a royal order. The Committee also notes the Government’s indication in its report that, in view of the specific nature of domestic work, the draft Royal Order establishing measures for the well-being of domestic workers is under preparation and a commission has been established within the Higher Council for Occupational Prevention and Protection with a view to obtaining the views of the social partners on the subject. The Committee requests the Government to continue providing information on the entry into force of the Act of 15 May 2014, and on any developments relating to the adoption of the Royal Order establishing measures for the well-being of domestic workers, and to provide a copy of this text once it has been adopted.

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

Legislation. The Committee notes the detailed information contained in the Government’s first report. The Committee particularly notes that the following legislation gives effect to the Convention: the Act of 4 August 1996 concerning the well-being of workers at work (“Well-being” Act) and its Royal implementing decrees; and the Royal Decree of 6 January 1997 concerning the minimum occupational safety and health requirements for workers in surface and underground mineral extraction industries (Royal Decree on Extraction Industries). Furthermore, it notes the Government’s indication that there is no longer any underground mining of minerals, but only a number of primary ore processing activities (sand, gravel, clay), which employ approximately 2,500 workers in the country.

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that occupational safety and health policy is discussed within the Higher Council for Health and Safety at Work, a body made up of an equal number of representatives from employers’ and workers’ organizations. It also notes that, according to the Government, there was a Higher Council specifically for mining activities, but it no longer convenes as the mines have closed. While noting the limited numbers of workers involved in primary ore processing, the Committee requests the Government to indicate the manner in which it is ensured that issues of occupational safety and health specific to processing primary ore are taken into consideration, in consultation with the most representative employers’ and workers’ organizations, during the formulation and implementation of the national safety and health policy, in accordance with the provisions under Article 3.

Article 13. Rights of workers and their safety and health representatives. In its report, the Government refers to the Royal Decree of 3 May 1999 concerning the duties and procedures of the safety and health committees (Royal Decree on Committees) and states that matters relating to occupational safety and health may be addressed by workers through these committees, which are compulsory in mining enterprises with more than 20 employees. While noting that the legislation in force, and especially the “Well-being” Act, the Royal Decree on Extraction Industries and the Royal Decree on Committees, give effect to a certain number of provisions under Article 13 of the Convention, the Committee requests the Government to specify in what manner workers and their representatives are entitled to report accidents, dangerous occurrences and hazards to the employer and to the competent authority (Article 13(1)(a)).

Application of the Convention in practice. The Committee takes due note of the information provided by the Government, especially the detailed statistics on occupational accidents that occurred in the mineral extraction sector in 2012, as well as the information on the visits made by the labour inspection services in 2013 in this sector. It notes that out of the 442 inspections carried out, during which more than 2,500 measures affecting workers’ well-being were monitored, the inspectors reported 120 serious shortcomings, of which one required immediate action following a serious accident. The Committee requests the Government to continue providing information on the application in practice of the Convention, including statistical data on the number of occupational accidents and information on the preventive and monitoring activities of the labour inspectorate in the sector.

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

Legislation. The Committee notes with interest the information supplied by the Government in its first report concerning legislation enabling effect to be given to most provisions of the Convention, and particularly the Act of 4 August 1996 on the welfare of workers in the performance of their work and three Royal Orders of 27 March 1998 concerning, respectively, the policy on the welfare of workers in the performance of their work, the internal occupational prevention and protection service and the external occupational prevention and protection services.

Article 16 of the Convention. Competent authorities. Part VI of the report form. Application in practice. The Committee notes the information sent by Government on the practical effect given to the Convention, and particularly the difficulties observed by the Directorate General for the Supervision of Occupational Welfare in monitoring the external occupational prevention and protection services. Some of the difficulties are related to the frequency of visits, the completeness of reports, the time lag between visits and the receipt of reports, and the accuracy and relevance of reports. It also notes that in its report the Government suggests solutions to the difficulties, such as reducing the number of points to be evaluated, preparing inspectors to evaluate and report on the operation of the services, etc. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including particulars of the results of the measures proposed by the Government, and to enclose any useful documents such as extracts of labour inspection reports.

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

Legislation. The Committee notes the detailed information contained in the Government’s first report. It particularly notes with interest the Act of 4 August 1996 on the well-being of workers in the performance of their work, and its implementing Royal Decrees, including the Royal Decree of 27 March 1998 concerning the policy of well-being of workers at work, thereby giving effect to a number of provisions in the Convention.

Article 2(2) and (3) of the Convention. Scope. Domestic servants and staff. The Committee notes the information that domestic servants and other staff have been excluded from the scope of the Convention since the Act of 10 June 1952 concerning the occupational safety and health of workers and hygiene of the workplace, and that this exclusion was reiterated in the Act of 4 August 1996 on the well-being of workers in the performance of their work. The Committee also notes that, according to the Government, a Bill is being drafted with a view to extending the scope of the Act of 4 August 1996 concerning domestic workers and other staff and will be submitted to the Council of Ministers. The aim is to comply with this Convention as well as with the Domestic Workers Convention, 2011 (No. 189). The Committee requests the Government to indicate whether consultations have taken place, on the subject of this exclusion, with the representative organizations of employers and workers concerned, to describe the measures taken to provide adequate protection for the categories of workers excluded and to indicate, in its forthcoming reports, any progress achieved in extending the application of the Convention, particularly through the adoption of the new Act.

Article 4. National policy. The Committee notes that, according to the Government, the national policy with regard to safety and health is described in the general policy note, which the Minister concerned with employment addresses to Parliament at the beginning of each legislative term. Belgium has also introduced a National Strategy on the Well-being of Workers at Work, 2008–12, which is in the process of being assessed with a view to establishing a new strategy. This was discussed by the National Labour Council, which groups the representative employers’ and workers’ organizations at the national level. The Committee requests the Government to send information on the outcome of this assessment, as well as a copy of the new strategy, once it has been adopted.

Part V of the report form. Application in practice. The Committee notes the information contained in the first report and particularly the statistics concerning the breakdown of visits on each activity of the reporting unit for the years 2011 and 2012. The Committee asks the Government to provide an overall appreciation of the way in which the Convention is applied in the country, enclosing extracts from inspection reports and statistical data on the number of workers covered by the legislation; the number and nature of violations noted; the number, nature and cause of accidents reported, etc.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

The Committee notes the information contained in the Government’s latest report and the information regarding effect given to Articles 7(2) and 14 of the Convention. With reference to the provisions giving effect to Article 7(2), the Committee requests the Government to transmit a copy of the Code on the well-being at work when it is adopted and to continue to provide information on legislative measures to give effect to the Convention.

Part V of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.

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

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

Article 6(2) of the Convention. Cooperation regarding occupational safety and health of workers employed when two or more employers undertake activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the Royal Decree of 25 February 2001, concerning temporary or mobile workplaces, regulates measures to ensure cooperation regarding the occupational safety and health of workers employed when two or more employers undertake activities simultaneously at one workplace. The Committee requests the Government to submit information regarding measures taken to ensure this form of cooperation in other economic sectors.

Article 12(2). Prohibition against all forms of spraying of asbestos. The Committee notes the prohibition against the marketing of the six fibres listed in section 2 of the Royal Decree of 23 October 2001, limiting the marketing and use of certain dangerous substances and products (asbestos). The Committee draws the attention of the Government to the fact that this provision of the Convention prohibits the spraying of all forms of asbestos and would appreciate it if the Government would indicate in its next report measures taken or envisaged to give effect to this provision of the Convention.

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

The Committee notes the information contained in the Government’s latest report including information regarding effect given to Articles 1(4) and 9(c) of the Convention. The Committee requests the Government to continue to provide information on the legislative measures taken to give effect to the Convention.

Article 22 of the Convention. Responsibility of exporting States. The Committee notes the reply from the Government that each request for information from an importing country is processed and that a reply is provided immediately. The Government further states that, in ratifying the Convention, Belgium has agreed to comply with this provision of the Convention, but that this does not imply that each requirement calls for a framework or specific measures to implement them as is the case with Article 22. With reference to the terms of the Convention and the report form, the Committee requests that the Government indicate legislative or other provisions adopted, including their coverage, to ensure the collection and communication of the information referred to in this Article.

Part V of the report form. Application in practice. The Committee notes the statistical information and the further detailed figures based on inspections provided by the Government for the years 2005–09. The Government indicates that, in 2009, 368 establishments were subjected to an inspection and that these inspections resulted in 692 findings and establishing remedial actions to be taken (with a deadline for completion) in agreement with the employers, and three letters with formal demands to remedy the situation. The Committee asks the Government to continue to provide detailed information on the application of the Convention in practice.

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

1. The Committee notes the information contained in the Government’s first detailed report, including the legislative texts attached. It requests the Government to provide further information on the following points.

2. Article 1, paragraph 4, of the Convention. Exclusion clause. The Committee notes the information contained in the Government’s report that pipelines are excluded from the application of the Convention. The Government also indicates that pipelines in Belgium are governed by specific regulations based on the Act of 12 April 1965. The Government also indicates that the representative organizations of employers and workers have been consulted on this point. However, the Committee notes that the Government’s report does not indicate whether other interested parties who may be affected have been consulted, or whether equivalent protection has been provided. The Committee therefore requests the Government to provide further information on this subject.

3. Article 9(c). System of major hazard control which includes provision for organizational measures, including controls on temporary workers on the site of the installation. The Committee notes that the Government’s report contains no information on the documented system of major hazard control providing for measures for controls on temporary workers on the site of the installation. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

4. Article 22. Responsibility of exporting States. The Committee notes the information contained in the Government’s report that the exchange of information is ensured by the European Committee, chaired by the European Commission. However, the report gives no indication of the legislative provisions or other measures taken at the national level to give effect to this Article. Moreover, with reference to the Record of Proceedings of the International Labour Conference on this Convention, the Committee notes that, according to the preparatory work (ILC, 1993, Report IV(2A), PV No. 23, paragraph 115), the intent of this Article is that importing countries would request the information where needed. The information would then be made available to them by exporting countries. In view of the above, the Committee requests the Government to indicate the measures taken or envisaged to give effect to this Article.

5. Part V of the report form. Practical application. The Committee notes the statistical data provided by the Government (situation at 31 December 2005) that, in 2005, in 137 high-risk establishments there were 199 inspections based on the “Seveso” criteria and 112 based on the ordinary rules. It further notes that in 136 low-risk establishments there were 138 inspections based on the “Seveso” criteria and 112 based on the ordinary rules. Lastly, it notes that a total of 68,500 workers are employed in these establishments. To enable the Committee to assess the application of the Convention in practice, the Committee requests the Government to provide the outcome of the inspections carried out, in particular the number and nature of the contraventions reported, disaggregated by gender, where possible. The Committee also requests the Government to continue to provide detailed information on the application of the Convention in practice.

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

1. Further to its observation, and the information regarding the new legislation adopted, the Committee draws the Government’s attention to the following points.

2. Article 6, paragraph 2, of the Convention. Cooperation regarding occupational safety and health of workers employed when two or more employers undertake activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the Royal Decree of 25 February 2001, concerning temporary or mobile workplaces, regulates measures to ensure cooperation regarding the occupational safety and health of workers employed when two or more employers undertake activities simultaneously at one workplace. The Committee requests the Government to submit information regarding measures taken to ensure this form of cooperation in other economic sectors.

3. Article 12, paragraph 2. Prohibition against all forms of spraying of asbestos. The Committee notes the prohibition against the marketing of the six fibres listed in section 2 of the Royal Decree of 23 October 2001, limiting the marketing and use of certain dangerous substances and products (asbestos). The Committee draws the attention of the Government to the fact that this provision of the Convention prohibits the spraying of all forms of asbestos and would appreciate it if the Government would indicate in its next report measures taken or envisaged to give effect to this provision of the Convention.

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

1. The Committee notes the information communicated by the Government in its report. It notes the Working Health Inspection’s activity reports for the years 2001, 2002, 2003 and 2004 appended to the Government’s report. The Committee notes the adoption of the Order of 20 June 2001, implementing the general regulation on the protection of the population, workers and environment against ionizing radiation, intending to transpose European Council Directives 96/29/Euratom, of 13 May 1996, establishing basic safety standards for the protection of the health of the population and workers against the dangers arising from ionizing radiation, and 97/43/Euratom, of 30 June 1997, on health protection of individuals against the dangers of ionizing radiation in relation to medical exposure. The Committee notes in particular the provisions of sections 20.2.3 and 67 of the above decree dealing with different working aspects of emergency situations and accidents.

2. Article 7, paragraph 2, of the Convention. Prohibition of employment of young people under 16 years of age in work involving exposure to ionizing radiation. Further to its previous comment concerning the necessity of establishing in the national legislation an unqualified ban, with no exceptions whatsoever on the employment of workers under the age of 16 in work involving exposure to ionizing radiations, the Committee notes that the Government refers to an envisaged amendment of the Royal Order of 3 May 1999 on the protection of young people at work, aimed at modifying the definition of "young workers" by raising the age limit from 15 to 16 years for workers who are likely to be exposed to ionizing radiations. The Committee hopes that such an amendment will be adopted in the near future and requests the Government to provide a copy of the text amending the age limit after its adoption.

3. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Further to its previous comment, the Committee notes section 71, paragraph 1, of the Royal Order of 28 May 2003 on the surveillance of the workers’ health, which prohibits employers to appoint or maintain any employee declared unfit by the occupational medical officer in activities involving risks for exposure to ionizing radiations. It notes that employers are required, in conformity with section 72 of the same order, to offer another job or activity in compliance with the recommendations formulated by the occupational medical officer in the health evaluation form. The Committee notes that, according to the provisions mentioned above, the employer’s obligation to offer employees declared unfit alternative employment may be subject to certain technical or objective exceptions or to other reasons duly justified. The Committee notes the Government’s indication that the employer’s justifications shall first be presented to the occupational medical officer at the general direction of the Control of Well-being at Work of the SPF Employment, Working and Social Consultation and, if needed, also submitted to the court. In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to provide information in its next report, on measures taken to ensure the application of Article 14 of the Convention, taking into account the general observation of 1992 under this Convention.

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

1. The Committee notes the information provided by the Government in its report. It notes the adoption of Royal Decree of 23 October 2001, on the marketing and use of certain substances and products (asbestos); Royal Decree of 11 March 2002, concerning the protection of risks for safety and health of workers related to chemical agents in the world of work; Royal Decree of 26 May 2002, amending Royal Decree of 28 March 1969, concerning the occupational diseases creating entitlement for compensation; Royal Decree of 28 August 2002, determining persons in charge to monitor the application of the Act of 4 August 1996, concerning the well-being of workers during the accomplishment of their work, including executive orders; and Royal Decree of 28 May 2003, concerning the monitoring of workers’ health, as amended by several decrees in the course of 2004. The Committee notes with satisfaction that this legislation gives effect to Article 2, paragraphs (d) and (g), Article 6, paragraph 3, Article 11, paragraph 2, Article 20, paragraphs 1, 2 and 4, Article 21, paragraphs 2 and 4, and Article 22, paragraph 2, of the Convention.

2. The Committee is addressing a request on certain points directly to the Government.

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

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

Article 5 of the Convention. Medical examinations after the period of employment. The Committee notes that under the terms of section 131ter of the General Regulation on Labour Protection, as amended, the health of any worker who so wishes is assessed at regular intervals, in accordance with the provisions of section 128bis. The Committee notes the Government’s statement that section 131ter of the above Regulation meets the requirement of Article 5 of the Convention, as it entitles workers to a medical examination, whatever their occupation, during the entire period of employment. However, the right to medical examinations is contingent not on exposure to carcinogenic substances but on the existence of health and safety risks that persist beyond the period of exposure. The Government also refers to section 15(5) of the Royal Decree of 2 December 1993 on the protection of workers against the risks of exposure to carcinogenic substances at work, by virtue of which employers are bound to inform and advise workers assigned to activities likely to involve a risk of exposure to carcinogenic substances, of any health assessments they may undergo after the end of the period of exposure. While noting the provisions referred to by the Government, the Committee notes, and the Government confirms, that section 131ter of the General Regulation on Labour Protection, as amended, restricts medical examinations to the period of employment. With regard to section 15(5) of the Royal Decree of 2 December 1993 on the protection of workers against the risks of exposure to carcinogenic substances at work, under which employers are bound to inform the workers concerned of the existence of health assessments that they may undergo after the period of exposure, the Committee is of the view that this provision does not fulfil the requirements of Article 5 of the Convention. The Committee wishes to emphasize that, according to the Convention, as well as informing the workers concerned it is necessary to take specific measures in order to ensure that they may undergo an adequate medical examination. The Committee therefore requests the Government to indicate whether there are any rules or regulations indicating the measures taken to ensure that the workers concerned are entitled to the medical examinations envisaged under this Article of the Convention after the period of employment as well.

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

The Committee notes the information supplied by the Government in its report. Further to its previous comments, the Committee wishes to draw the Government’s attention to the following points.

1. The Committee notes with interest the Government’s statement that a draft Order to transpose into domestic law European Council Directive 96/29/EURATOM, of 13 May 1996 establishing basic safety standards for the protection of the health of the population and workers from dangers arising out of ionizing radiations, and European Council Directive 97/43/EURATOM, of 30 June 1997 on health protection of individuals against the dangers of ionizing radiation in relation to medical exposure, both of which are based on the 1990 ICRP Recommendations, has been submitted to the representatives of the social partners in the Central Council for Occupational Prevention and Protection. The Government states in this connection that the abovementioned Order is to be published shortly. The Committee therefore asks the Government to supply a copy as soon as it has been adopted to enable the Committee to examine the relevant Order in greater detail.

2. Article 7, paragraph 2, of the Convention. The Committee notes the Royal Order of 3 May 1999 on the protection of young people at work. It notes that section 8(3) prohibits the employment of young people in work involving exposure to ionizing radiation. Section 10, however, allows exceptions to this general prohibition: activities forming part of their education and vocational training, which may be carried out only in conditions that comply with the occupational security measures prescribed by this section. The Committee states that the definition of "young worker" given in section 2(1) of the above Royal Order covers apprentices, trainees, student workers, students and pupils as well as all working minors aged 15 or over who are not in compulsory full time education. While noting that, according to section 1(1) of the Act of 29 June 1983 on compulsory education, full time compulsory schooling ends at the age of 16 years, the Committee recalls that the provision of Article 7, paragraph 2, of the Convention places an unqualified ban with no exceptions whatsoever on employing workers under the age of 16 in work involving exposure to ionizing radiations. The Committee therefore asks the Government to indicate the measures taken or envisaged to assure that no worker under the age of 16 may be engaged in work involving exposure to ionizing radiations.

3. Work in emergencies. The Committee notes the information supplied by the Government on the measures concerning emergencies, namely, concerted exceptional exposure, accidental exposure and exposure in an emergency. The Committee notes with interest that, in the event of accidental exposure and exposure in emergencies, in particular, only volunteers who have been previously informed of the risks of intervening and the precautions to be taken and who have obtained two prior authorizations in writing, one from the accredited medical officer in charge of medical examinations and the other from the physical control service or, in the absence of such a service, the approved body, may be submitted to such exposure. The Government also indicates that the concepts enshrined in the abovementioned European Directives will be transposed into the draft Order. The intent of the above European provisions on emergencies is that there should be rapid intervention in order to rescue persons in danger or to save property such as highly valuable plant. The Committee wishes to draw the Government’s attention in this connection to paragraphs 23 to 27, and particularly paragraph 26 of its general observation of 1992 under this Convention which states that exceptional exposure of workers may not be invoked to justify avoiding the "loss of valuable property". The Committee therefore asks the Government to bear indications, based on the 1990 ICRP Recommendations, in mind when enacting the abovementioned Order. Lastly, the Committee notes that according to the Government the details of optimizing protection from accidents in the course of emergency operations can be sent only when the abovementioned Royal Order has been adopted. The Committee will therefore return to this matter when it has had the opportunity to examine the relevant provisions.

4. Providing alternative employment. The Committee again notes the four cases recorded in 1990 of workers exceeding the prescribed maximum exposure to ionizing radiations, one of which was the result of a data transcription error. With regard to the other three cases, the Committee notes with interest that alternative employment was offered to the workers concerned without any loss of earnings. The Committee also notes the provisions on decisions taken by occupational medical officers (article 146bis to 146quater of the General Regulations on Protection at Work, 1947, as consolidated) establishing the procedure to be followed in taking decisions to remove employees from work on medical grounds. It notes in particular that article 146ter, paragraph 1, of the above Regulations governs the situation covered by this provision of the Convention. According to this article of the Regulations any worker who has been found unfit therefore by the medical officer may not be kept in or assigned to posts involving risk of exposure to ionizing radiations. In such cases the employer must, as far as is possible, keep such workers in the enterprise and assign them to other work in accordance with the recommendations of the medical officer. The Committee asks the Government to specify the criteria applied by the employer in deciding as to transfers to alternative work which does not involve exposure to ionizing radiations. The Committee also asks the Government to indicate whether economic criteria can have a bearing on whether a worker is to be assigned to another post.

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

The Committee notes the information supplied by the Government in its reports. It wishes to draw the Government’s attention to the following matter.

Article 5 of the Convention.  The Committee notes that pursuant to section 15, paragraph 1, of the Royal Decree of 2 December 1993 concerning the protection of workers against hazards connected with exposure to carcinogenic substances, as modified, workers assigned to activities likely to entail a risk of exposure to carcinogenic substances benefit from a prior medical examination which includes a biological examination, if appropriate, and that medical supervision must be provided at least once yearly throughout the time that the worker suffers this exposure. In addition, section 15, paragraph 3, provides for medical supervision, after an opinion by the adviser in preventive medicine, for workers who show some anomaly resulting from exposure to carcinogenic substances. The Committee recalls that Article 5 of the Convention, which provides that measures shall be taken to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, is intended to meet the frequent situation in which the cancer is not discovered before the worker leaves the employment involving exposure to carcinogenic substances. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that workers have a medical examination after cessation of the work involving exposure to carcinogenic substances. It also requests the Government to indicate the criteria laid down to determine whether biological supervision is appropriate.

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

The Committee notes the information supplied by the Government in its reports. It requests the Government to provide further information on the following points.

1.  Article 2(d) of the Convention.  The Committee notes that for asbestos fibres section 148 decies 2.5.3.1 of the General Regulations for the protection of work refers to the principle of evaluating airborne asbestos fibres. However, it gives no definition of the term "respirable asbestos fibres". The Government refers in this connection to the European standard reproduced in Belgium standard NBN-T-96-102, and states that the definition of the term "respirable asbestos fibres" is that given in the standard. The Committee notes this information and asks the Government to provide the definition of the term "respirable asbestos fibres" and to send a copy of Belgium standard NBN-T-96-102.

2.  Article 2(g).  The Committee notes that the national legislation, particularly section 3(2) of the Act of 1996 concerning the well-being of workers in the performance of their work, defines the term "most representative workers’ and employers’ organizations". However, it gives no definition of the term "workers’ representatives". The Committee therefore asks the Government to provide the definition of this term and to indicate in which law or regulation it is to be found.

3.  Article 6, paragraph 2.  The Committee takes note of the provision in section 7(1) of the Act of 1996 concerning the well-being of workers in the performance of their work, under which enterprises or institutions which carry out activities at one workplace must cooperate and coordinate their activities regarding the measures to be taken to ensure the safety and health of workers. Section 7(2) provides that the King shall establish the conditions and procedures for the cooperation and coordination established in section 7(1). The Committee asks the Government to inform it of these conditions and procedures.

4.  Article 6, paragraph 3.  The Committee notes that section 6(11) of the Royal Order of 2 December 1993 concerning the protection of workers against risks related to exposure to carcinogenic agents at work requires employers to make arrangements for emergencies likely to lead to high exposure to carcinogenic agents. It also notes that section 33(1) of the Act of 1996 concerning the well-being of workers in the performance of their work requires employers to establish an internal occupational prevention and protection service to assist them in ensuring that the protective measures provided for in sections 4-32 of the Act are applied. However, the above provisions make no mention of the preparation of procedures to be followed in emergency situations. The Committee recalls that Article 6, paragraph 3, of the Convention includes the preparation, in consultation with the representatives of the workers concerned and of the occupational safety and health services, of procedures for dealing with emergency situations. The Committee therefore asks the Government to indicate the measures taken or envisaged for the preparation of procedures for dealing with emergency situations and to state how the representatives of the workers concerned and the occupational safety and health services are consulted in such preparation.

5.  Article 11, paragraph 2.  The Committee notes the information supplied by the Government to the effect that no derogations from the prohibition on crocidolite have been permitted. The Committee nonetheless notes that section 5 of the Royal Order of 3 February 1998 limiting the marketing, manufacture and use of certain dangerous substances and preparations (asbestos) allows crocidolite to be used for the purpose of research, development or analysis. The Committee asks the Government to state whether the most representative organizations of the employers and workers concerned were consulted before the derogation was permitted.

6.  Article 12, paragraph 1.  The Committee notes that the national legislation, in particular the Royal Order of 3 February 1998 limiting the marketing, manufacture and use of certain substances and preparations (asbestos), does not provide for the prohibition of asbestos spraying. Please indicate the measures taken or envisaged to prohibit the spraying of all forms of asbestos.

7.  Article 20, paragraph 1.  The Committee notes that section 148 decies 2.5.6.1, read in conjunction with section 148 decies 2.5.6.4, of the General Regulations for the protection of work provides for regular measurement of concentrations of airborne asbestos dust in workplaces to ensure compliance with the limit values established in the above regulations and that the reference method for such measurements is that prescribed by the European Union in standard NBN-T-96-102. The Committee asks the Government to indicate the frequency at which the concentration of airborne asbestos dust in workplaces must be measured and to specify the prescriptions of standard NBN-T-96-102 on which this requirement is based.

8.  Article 20, paragraph 2.  The Committee notes that, according to the Government, the samples collected in the monitoring of the working environment and the records of the exposure of workers must be kept for one year. It asks the Government to indicate the basis in law for the obligation to keep the samples for one year.

9.  Article 20, paragraph 4.  Please state whether workers or their representatives have the right to request the monitoring of the working environment and, if so, whether there is a procedure for appealing to the competent authority concerning the results of the monitoring.

10.  Article 21, paragraph 2.  Please indicate the measures taken or envisaged to ensure that the monitoring of workers’ health in connection with the use of asbestos does not result in any loss of earnings for them, that the monitoring is free of charge and, as far as possible, takes place during working hours.

11.  Article 21, paragraph 4.  Please indicate the efforts made to provide the workers concerned with other means of maintaining their income when continued assignment to work involving exposure to asbestos is found to be medically inadvisable.

12.  Article 22, paragraph 2.  Please indicate the measures taken or envisaged to ensure that employers establish written policies and procedures on measures for the education and periodic training of workers in asbestos hazards and methods of prevention and control.

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

1. In its previous direct request, the Committee drew the Government's attention to the new maximum dose limits adopted in 1990 by the International Commission on Radiological Protection (ICRP) on the basis of new physiological findings. The Committee notes that in its last report the Government states that the procedure for incorporating the ICRP Recommendations in national legislation will begin as soon as a European directive has been adopted on the subject. Referring to its general observation of 1992 on this Convention, the Committee again recalls that these recommendations have a bearing on the application of the Convention, in view of the references to "knowledge available at the time" and "current knowledge" in Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. It trusts that the Government will shortly be in a position to report the adoption of new maximum permissible doses which conform to the recommendations adopted in 1990 by the ICRP and which were reproduced in 1994 in the International Basic Safety Standards jointly sponsored by the IAEA, the WHO, the ILO and three other international organizations.

2. Protection against accidents and during emergencies. The Committee notes the information supplied by the Government on emergency measures. It asks the Government to provide additional information on the circumstances in which special exposure of workers may be authorized, and the measures to optimize protection against accidents and during emergency operations, particularly as regards the design and protective features of the workplace and equipment and the development of techniques for use in emergency operations to avoid the exposure of individuals to ionizing radiation.

3. Provision of alternative employment. The Committee notes the data on the radiation doses received by workers exposed or purportedly exposed during 1990. It notes in particular that medical monitoring of 33,655 workers from different branches of activity revealed that 390 workers had received a dose of between 15 and 50 mSv in the course of the year and that, in three cases, the dose of 50 mSv had been exceeded. The Government also states that, in these three cases, the reasons for the excess doses have been established (the incorrect application of safety measures, poor working conditions and inadequate means of individual protection) and that measures have been taken to remedy them. The Committee asks the Government to specify what consequences doses which are in excess of the normally tolerated levels have for the employment of the workers concerned.

The Committee also notes the adoption of the Royal Order of 25 April 1997 respecting the protection of workers against risks arising out of ionizing radiation. The Committee notes with interest that the Order reinforces medical supervision both of workers in enterprises with sources of radiations and of workers from outside enterprises who are brought in to intervene in a controlled area, and asks the Government to state whether, when the medical officer decides on the basis of medical indications to remove a worker from his job, as he is empowered to do by sections 17 and 18 of the above Order, provision is made for the worker concerned to be given an alternative job which does not involve exposure to radiations.

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

I. The Committee notes with interest section 20.4 and 20.5 of the Decree of 16 January 1987, amending the Decree concerning general regulations for the protection of the public and of workers against the dangers of ionising radiations, which sets forth the measures to be taken with regard to emergency and accidental exposure of workers or planned special exposures, including the fixing of maximum dose limits for such exposure, and the consultation with, provision of information concerning risks and preventive measures to, and the voluntary nature of, the workers concerned. The Committee would call the Government's attention to paragraphs 16 to 27 of its General Observation under this Convention concerning occupational exposure during and after an emergency and requests the Government to indicate the steps taken or being considered in relation to the matters raised in its conclusions, particularly under paragraph 35(c).

II. The Committee has noted that section 1 of the Decree of 1987 concerning protection against ionising radiations excludes from the scope of application all military machines and installations and the transport of any machines or substances capable of emitting ioinising radiations which have been ordered by the Minister of Defense. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionising radiations. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure that the provisions of this Convention apply also to those activities excluded from the scope of the Decree.

III. The Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits adopted on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.