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 ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead (painting)), 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 167 (safety and health in construction), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

Application of Conventions Nos 13, 115, 119, 120, 139, 148, 167 and 184 in practice. Noting the absence of information in this regard, the Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number and causes of occupational accidents and cases of occupational diseases reported, as well as information on inspection activities conducted, violations detected, and sanctions imposed, disaggregating the information, where possible, by cases related to white lead, radiation, machinery, hygiene, occupational cancer, air pollution, noise and vibration, construction and agriculture.

General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s indication, in its report, that the National Center for Occupational Health and Safety (NCOHS) has been contacted, and a follow-up report will be prepared. The Committee recalls that the Government can avail itself of the technical assistance of the Office regarding the implementation of this Convention.

Article 2(3) of the Convention. Periodic consideration of measures to be taken to ratify relevant occupational safety and health (OSH) Conventions. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the consultative process within the Tripartite Consultation Committee in this regard, including their frequency and the manner in which consideration is given, in those consultations, to measures that could be taken to ratify relevant OSH Conventions.

Article 3. National OSH policy. Further to its previous comments, the Committee notes that the 2022 national OSH policy and profile were developed with the support of the European Union and the ILO. In this regard, the Committee notes that the policy foresees its periodic review and update in consultation with the most representative employers’ and workers’ organizations, and that its basic principles include, among others, identifying, assessing and combating occupational hazards and risks, and developing a national preventive culture for OSH. The Committee requests the Government to provide information on the periodic review of the national OSH policy, as well as on the consultations held with the most representative employers’ and workers’ organizations in this respect.

Article 4(1) and (2)(a). Progressive development and periodic review of the national system in consultation with social partners. Review of OSH laws and regulations. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on the manner in which it periodically reviews its national OSH system, and to indicate how the most representative organizations of employers and workers are consulted in this regard. In addition, the Committee once again requests the Government to provide information on the manner in which the social partners are consulted on revisions of the national legislative framework on OSH.

Article 4(1) and (2)(b). Authority responsible for OSH. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on any measures taken or envisaged to strengthen the capacity of the NCOHS, including in the context of the Decent Work Country Programme for Iraq.

Article 4(3)(a). National tripartite advisory body. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on whether there is a national tripartite advisory body which addresses OSH issues, and if so, to provide information on its activities.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. Noting the absence of information in this respect, the Committee once again requests the Government to indicate whether measures have been taken or envisaged to provide for collaboration between the authorities responsible for OSH and relevant insurance or social security schemes.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. Further to its previous comments, the Committee notes that the 2022 national OSH policy contains a section on expanding OSH coverage for SMEs. In this respect, the policy notes that SMEs suffer from a lack of OSH services and social protection, and that workers in these enterprises face several risks, such as exposure to chemical, physical, and biological hazards, and dangers like injuries, falls, burns, and electric shocks. The Committee requests the Government to provide specific information on the measures taken or envisaged to provide support mechanisms for the progressive improvement of OSH conditions in microenterprises, SMEs and the informal economy.

Article 5. National OSH programme. Noting the absence of information on this matter, the Committee once again requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the social partners, in accordance with Article 5(1), and to ensure that such a programme covers all the elements under Article 5(2)(a)–(e) of the Convention. In addition, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the national OSH programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3).

Protection against specific risks

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

Article 7 of Convention No. 13. Statistical information with regard to lead poisoning among working painters. Further to its previous comments, the Committee takes note of the Government’s indication, in its report, that no cases of lead poisoning have been recorded from 2014 to 2017. The Committee notes once again that section 8 of the Instructions on Prevention of Lead Poisoning in Painting Work No. 2, 1970 calls for the notification and investigation of cases of lead poisoning and the development of statistical information in this regard. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all cases of occupational disease due to lead exposure among working painters are notified, and to provide statistical information on registered or declared cases in this regard.

Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 3 of Convention No. 115. Occupational exposure during and after an emergency. Measures to ensure protection of workers in the light of knowledge available. Further to its previous comments, the Committee notes that section 4(2) of the Instructions No. 1 of 2010, Defining the Amounts of Exposure to Ionizing Radiation, sets out a limit of exposure of 50 mSv, within a period not exceeding seven days, for temporary evacuation purposes. With reference to paragraphs 36 and 37 of its general observation of 2015, the Committee requests the Government to provide further information on the exposure limits in emergency situations and the possible exceptional circumstances.

Articles 6 and 7. Maximum permissible doses. 1. Pregnant or breastfeeding workers. The Committee observes that the Government did not provide information on the exposure limits for pregnant or breastfeeding workers and that no provisions have been found in the Instructions No. 1 of 2010 in this regard. The Committee recalls that methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is equivalent to an annual effective dose limit of 1 mSv. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle should be applied to breastfeeding workers (general observation of 2015, paragraph 33). The Committee requests the Government to provide information on the measures taken or envisaged to ensure a level of protection for pregnant or breastfeeding workers equivalent to 1 mSv.

2. Lens of the eyes. The Committee notes the Government’s indication that section 2 of the Instructions No. 1 of 2010 provides for an effective dose to the lens of the eye of 150 mSv in a year for any worker and 50 mSv for apprentices between 16 and 18 years of age that are training for employment involving exposure to radiation and for students aged 16 to 18 that are required to use sources in the course of their studies. The Committee recalls that, as indicated in paragraph 32 of its general observation of 2015, the current recommendation for dose limits for the lens of the eyes is 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year. The Committee thus requests the Government to provide information on the measures taken or envisaged to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

Article 8. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. The Committee notes that the Government refers to the exposure limits for the public established in section 3 of the Instructions No. 1 of 2010, which are consistent with the limits set out in the 2015 General Observation. However, the Committee observes that section 3 of the above-mentioned Instructions does not foresee the application of the limits applicable to the public to workers who are not directly engaged in radiation work. Referring to paragraph 35 of its , the Committee requests the Government to indicate whether the dose limits established for the public apply to workers who are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Articles 12 and 13(a). Regular medical examinations and examinations in cases of emergency. Further to its previous comments, the Committee notes the Government’s indication that initial and period medical examinations are needed to grant licenses by the National Authority for Nuclear, Radiological, Chemical and Biological Regulation, which was established under Law No. 1 of 2024. The Committee requests the Government to provide further information on the medical examinations prescribed and provided in practice to workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examinations at appropriate intervals, including in cases of emergency.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of Convention No. 119. Prohibition of the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Responsibility for ensuring compliance. Further to its previous comments, the Committee notes that the Government once again refers to sections 114(2) and 118(1)(a) of the Labour Law No. 37 of 2015, which set out obligations to provide on-the-job protection for workers against occupational hazards and dangers posed by machinery, to conduct annual periodic inspections on steam boilers, pressure devices, elevators and lifting tools and accessories by the competent authorities authorized by the NCOHS, and to verify the safety of harmful machinery and equipment through reports that prove its safe operational suitability. In this regard, the Committee recalls that the above-mentioned provisions do not prohibit or prevent by other equally effective means the sale, hire or transfer in any other manner, and exhibition of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (i) the sale, hire and transfer of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures, in conformity with Article 2 of the Convention; and (ii) compliance with the provisions of Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents, in conformity with Article 4 of the Convention.

Articles 6 and 7. Prohibition on the use of machinery without appropriate guards. Following its previous comments, the Committee notes that the Government refers to section 2 of the Occupational Safety and Health Requirements Instructions No. 12 of 2016, which establishes the obligation of employers to be committed to ensure the safety of harmful machinery and equipment in the enterprise by: (i) maintaining the safety of steam boilers, various pressure devices and their accessories, the safety of mechanical lifting equipment and their accessories and electric elevators; (ii) obtaining a certificate of annual periodic inspection of machinery and equipment from an examiner authorized by the Engineering Inspection Committee; (iii) training workers on how to operate machinery and equipment to ensure the prevention of accidents and labour injuries during the operation; and (iv) organizing the correct distribution of machinery and equipment and organizing the storage of raw and produced materials in the workplace in a manner that ensures that workers are not exposed to danger. While noting this information, the Committee requests the Government to clarify whether the annual periodic inspections conducted by an examiner authorized by the Engineering Inspection Committee, foreseen in the above-mentioned section 2(ii), can lead to prohibiting the use of such machinery.

Occupational Cancer Convention, 1974 (No. 139)

Article 3 of Convention No. 139. Appropriate system of records. In its previous comments, the Committee noted the Government’s indication that a national record of cancers exists within the Ministry of Health and that employers are required to report annually any case of cancer diagnosed among their staff. In this regard, the Committee notes that the 2022 and 2023 Annual reports of the Cancer Registry do not contain any reference to occupational cancer. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the establishment of an appropriate system of records regarding workers exposed to carcinogenic substances or agents.

Article 5. Medical examinations after employment. Further to its previous comments, the Committee notes that the Government once again refers to section 3 of the Instructions No. 2 of 1984 on Chemical Carcinogens, which provides that workers dealing with carcinogenic materials shall undergo medical checkups. In this regard, the Committee recalls that this provision does not provide for medical examinations after the period of employment. In addition, in its previous comments, the Committee had taken note of sections 59 and 61 of the Law No. 39 of 1971, which provides for some medical examinations only in cases of work-related injuries. The Committee requests the Government to provide more specific information on how it is ensured that workers exposed to carcinogenic substances and agents are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards after their employment.

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

Technical assistance. The Committee takes note of the Government’s indication that certain concepts of the Convention are unfamiliar. The Committee recalls that the Government can avail itself on the technical assistance of the Office in this regard.

Article 6(2) of Convention No. 148. Collaboration between two or more employers undertaking activities simultaneously at the workplace. Further to its previous comments, the Committee notes that section 5 of the 2022 national OSH policy concerns the adoption of an OSH policy at the institutional and establishment level, including the obligation of establishments operating simultaneously in the same workplace to cooperate with each other. While noting this information, the Committee requests the Government to provide information on how it is ensured, in practice, that when two or more employers undertake activities simultaneously in one workplace, they have the duty to collaborate in complying with the prescribed measures.

Article 8. Establishing exposure limits to air pollution. Opinion of technically competent persons. Revision of exposure limits. Further to its previous comments with regard to the exposure limits to air pollution, the Committee notes the Government’s reference to Instructions No. 3 of 2012 on National Emissions Determinants for Activities and Businesses. However, the Committee notes that, while Appendix I of the above-mentioned Instructions sets out maximum permissible limits for air pollutants emitted from stationary sources, it does not specifically establish exposure limits to air pollution in the working environment. In addition, the Committee notes that the Instructions No. 22 of 1987 concerning Occupational Safety and Health, referred to in previous comments regarding exposure limits to noise, have been repealed by virtue of section 8 of the Instructions No. 12 of 2016 on Occupational Health and Safety Requirements. In this regard, the Committee takes notes of the Government’s indication that the newly adopted Law No. 41 of 2015 on Noise Protection and Control set out exposure limits to noise. The Committee requests the Government to provide information on the specific provisions that establish criteria and exposure limits to air pollution in the working environment. In addition, the Committee once again requests the Government to indicate the manner in which the criteria and exposure limits to air pollution, noise and vibration are supplemented and revised regularly in the light of current national and international knowledge and data, and on how the opinion of technically competent persons are taken into account in this regard.

Article 9. Technical and organizational measures to prevent exposure to air pollution and noise. Further to its previous comments, the Committee notes the Government’s indication that all engineering measures shall be taken to control vibrations at their source, according to Instructions No. 4 of 1993 Respecting Occupational Health and the Protection of Workers against Vibrations. Noting the absence of information with regard to air pollution and noise, the Committee requests once again the Government to provide further information on the manner in which it ensures that new or existing plants are kept free from any hazards due to air pollution and noise through the application of technical measures or by supplementary organizational measures, in conformity with Article 9 of the Convention.

Article 11(3) and (4). Provision of alternative employment. In its previous comments, the Committee noted the Government’s indication that suitable alternative employment is provided pursuant to a decision of the Medical Committee of the NCOHS. In addition, the Government indicates that, according to paragraph 2(IV) of the Decision No. 552 of 1981 on the conversion of the Directorate of Occupational Health and Safety into the NCOHS, the nature of risks and occupational safety of each occupation shall be determined in accordance with scientific formulations, and guidance shall be given on the use of the best devices and means for preventing occupational risks so as to reduce work accidents, injuries and occupational diseases. The Committee takes note of this information, which addresses its previous request.

Article 12. Notification to competent authorities. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority and the competent authority, as appropriate, may authorize the use on prescribed conditions or prohibit it.

Article 15. Appointment by employers of a competent person or use of a competent service. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the appointment of a competent person, or the use of a competent outside service or a service common to several undertakings, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 10 of Convention No. 120. Maintaining a comfortable and steady temperature in all premises used by workers. Following its previous comments, the Committee notes the Government’s indication that measurements are taken with devices during inspection visits and recommendations are made accordingly. While noting this information, the Committee requests the Government to indicate any legislative provisions that provide that a comfortable and steady temperature as circumstances permit shall be maintained in all premises used by workers.

Article 14. Provision of suitable seats in offices and other workplaces. Further to its previous comments, the Committee notes that section 3(viii) of the OSH Requirements Instructions No. 12 of 2016 establishes that suitable rest and dining areas for workers, including seating, shall be provided. The Committee recalls that Article 14 of the Convention requires the provision of sufficient and suitable seats in all premises used by workers, not only in premises used for resting. The Committee once again requests the Government to provide information on the measures taken to ensure that sufficient and suitable seats shall be supplied for workers in all premises.

Article 16. Underground and windowless working premises. Noting the absence of information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that underground or windowless premises in which work is normally performed comply with appropriate standards of hygiene.

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

The Committee notes the information provided by the Government on Articles 4 (methods to ensure application in practice), 6 (cooperation between employers and workers), 10 (worker’s right and duty to participate in ensuring safe working conditions), 28 (exposure to hazardous substances), 30(2) (use of protective equipment) and 34 (reporting of accidents and diseases) of the Convention, which responds to its previous request.

Legislation. Further to its previous comments, the Committee notes that the Government refers, in its report, to Labour Law No. 37 of 2015 and the OSH Requirements Instructions No. 12 of 2016 with regard to the application of this Convention. Noting the absence of information regarding the adoption of the draft Instructions on OSH for the construction sector and public works referred to in its previous comments, the Committee requests the Government to provide information on the legislative developments in this regard.

Article 2 of Convention No. 167. Definitions. Noting the absence of information in this regard, the Committee requests the Government to indicate the legislative provisions defining the terms provided for in Article 2 of the Convention.

Article 5. Use of technical standards and of standards adopted by recognized international organizations in the field of standardization. The Committee notes the Government’s indication that the assessment of safety and health hazards on construction sites is carried out on the basis of Instructions No. 12 of 2016 on OSH Requirements and the General Safety Code for Construction Projects No. 306 of 2015. While noting this information, the Committee requests the Government to provide information on the measures taken or envisaged to have due regard to the relevant standards adopted by recognized international organizations in the field of standardization.

Article 8. Two or more employers undertaking activities simultaneously at one workplace. Further to its previous comments, the Committee notes the Government’s indication that responsibility is shared and compliance with health and safety measures on the construction site is ensured by the senior official. In the event of their absence from site, a deputy or team of competent persons enjoying the necessary powers shall be appointed to act on their behalf. It further indicates that, when various activities are carried out at one site, enforcement of the prescribed health and safety measures is coordinated by means of frequent site inspection visits and monitoring of employer compliance with health and safety rules. While noting this information and referring to its comments above under Article 6(2) of Convention No. 148, the Committee requests the Government to indicate the legislative or regulatory provisions giving effect to Article 8 of the Convention.

Article 12. Right to removal. Following its previous comments, the Committee takes note of the Government’s reference to section 119(f) of Labour Law No. 37, which provides that workers should stay away from the work site in case of a real danger. It also refers to section 118(1) of the above-mentioned Law, which establishes measures that shall be taken by the employer to ensure the protection of workers against occupational hazards and other dangers, and to section 120(1), which sets out the obligation of the employer to ensure the OSH of workers in all aspects relates to their work. The Committee requests the Government to indicate whether section 119(f) of Labour Law No. 37 of 2015 also applies when a worker has good reason to believe that there is an imminent and serious danger to their safety or health, as provided for in Article 12 of the Convention. It also requests the Government to indicate the provisions of national legislation providing for the duty of workers to inform their supervisor immediately.

Article 18(1) and (2). Work at heights and roof work. Further to its previous comments, the Committee notes the Government’s reference to the Scaffolding Code No. 308 of 2013 and the General Safety Code for Construction Projects. In this regard, the Committee takes note of: (i) section 3-1/5/1/7 and appendix C(6) of the Scaffolding Code, which provide that workers in swing platforms shall wear a fall protection belt and be securely attached to a secure anchorage point to prevent accidents or injuries, and that all safety measures must be in place to avoid any secondary hazard that may result from the worker’s use of the scaffold; and (ii) section 6-9/1 of the above-mentioned General Safety Code for Construction Projects, according to which safety belts shall be worn when working at high levels not equipped with guardrails, or when working on a suspended scaffold, and belts shall be secured to a structural element of a separate fixed object. The Committee requests the Government to provide further information on the measures taken or envisaged, including indicating any other legislative or regulatory provisions, to ensure that preventive measures are taken: (i) against the fall of workers and tools or other objects or materials, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations; and (ii) against workers’ inadvertently stepping on or falling through the fragile material, where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, in conformity with Article 18 of the Convention.

Article 19. Adequate precautions in excavations, shafts, earthworks, underground works and tunnels. Further to its previous comments, the Committee notes the Government’s reference to the Scaffolding Code and the General Safety Code for Construction Projects. In particular, the Committee takes note of section 5–3 of the General Safety Code for Construction Projects, which provides for protective measures when using excavation equipment. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that adequate protections are taken in any excavation, shaft, earthworks, underground works or tunnel, in accordance with Article 19, subparagraphs (a)–(e), of the Convention.

Article 24. Demolition. Following its previous comments, the Committee notes the Government’s indication that this issue is covered by the General Safety Code for Construction Projects and the draft guidelines for the demolition and removal of buildings at risk of collapse. In this regard, the Committee notes that sections 4-5/4/2 and 4-5/4/3 of the above-mentioned Code set out measures to be taken in cases of non-electrical demolition and electrical demolition, respectively. The Committee requests the Government to provide further information on the measures taken or envisaged, including of a legislative or regulatory nature, to ensure that, when the demolition of any building or structure might present danger to workers or to the public: (a) appropriate precautions, methods and procedures are adopted, including those for the disposal of waste or residues; and (b) the work is planned and undertaken only under the supervision of a competent person, in accordance with Article 24 of the Convention.

Article 26. Competent persons handling the construction, installation and maintenance of electrical equipment and installations. Guards and protection against electrical cables. Following its previous comments, the Committee notes the Government’s reference to section 3(xvii) of the OSH Requirements Instructions No. 12 of 2016, which sets out the employer’s obligation to protect workers from electrical hazards and ensure the provision of proper equipment and facilities as appropriate to each enterprise; store hazardous equipment separately in a secure room or keep it behind proper barriers and forbid any unauthorized persons from approaching it. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all electrical equipment and installations shall be constructed, installed and maintained by a competent person.

Article 27. Explosives. Noting the lack of information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that explosives are not stored, transported, handled or used except under conditions prescribed by national laws or regulations and by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury.

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

The Committee notes the Government’s first report.

Article 4(1) of Convention No. 184. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. The Committee notes the Government’s reference to the ILO 2023 Policy Brief on Social Dialogue and Decent Work in the Agricultural Sector in Iraq, according to which the 2022 National OSH Policy is generic and does not focus exclusively on agriculture. It also notes that the Office held a workshop on the development of national policies for OSH and social security for the agricultural sector in the country with the participation and consultation of social partners, and that it is in the process of appointing a national and regional expert to draft the national OSH policy in the agricultural sector. The Committee requests the Government to provide information on the progress made towards the adoption of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. It further requests the Government to provide information on the measures taken or envisaged to implement and periodically review such policy, once adopted.

Article 4(2)(c). Mechanisms of inter-sectoral coordination among relevant authorities and bodies. The Committee notes that, according to the above-mentioned policy brief, cross-sectoral coordination mechanisms between the competent bodies, authorities and organizations in the agricultural sector are lacking, and their respective OSH responsibilities are not defined. However, it also notes that focal points for the NCOHS have been established in a number of ministries, including in the Ministry of Agriculture and the Ministry of Water Resources. The Committee requests the Government to provide information on the manner in which inter-sectoral coordination among relevant authorities and bodies for the agricultural sector is ensured, and how their functions and responsibilities are defined.

Article 5. Adequate system of inspection. The Committee notes that, in the above-mentioned policy brief, it is indicated that: (i) the poor enforcement of labour regulations remains an issue especially in the agricultural sector, probably due to a lack of sufficient human resources in the labour inspectorates and the lack of necessary logistic support to access agricultural holdings, which are often in geographically dispersed rural areas; and (ii) there is no system for the planning and programming of labour inspection matters in agriculture, as well as no reporting mechanisms. In addition, the Committee takes note of the Government’s indication that the provisions of Article 5(2) of the Convention shall be implemented by forming specialized technical committees. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means. It also requests the Government to provide further information on the establishment of technical committees in the agricultural sector.

Article 6(2). Cooperation between two or more employers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they cooperate in applying the safety and health requirements. It further requests the Government to provide information on the prescribed general procedures for this collaboration, if any.

Article 7(a). Duty of employers to carry out appropriate risk assessments and adopt preventive and protective measures. The Committee notes that the above-mentioned policy brief points to poor mechanisms for the identification, analysis, and management of occupational risks in the agricultural sector, including inter alia risks associated with the use of chemical fertilizers and pesticides, and biological risks. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the employer carries out appropriate risk assessments in relation to the safety and health of workers and, on the basis of these results, adopt preventive and protective measures to ensure that under all conditions of their intended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes under the control of the employer are safe and comply with prescribed safety and health standards.

Article 7(c). Duty of employers in situations of imminent and serious danger to safety and health. The Committee takes note of section 118(1) of the Labour Law No. 37, according to which the employer shall take the necessary measures to ensure on-the-job protection of workers against occupational hazards and against dangers posed by the work and by machinery, which are harmful to their health. It also notes section 110(2)(d) of the above-mentioned law, which sets out the employer’s obligation to provide emergency rescue and first aid requirements. While noting this information, the Committee requests the Government to indicate how it is ensured that the employer takes immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate.

Article 8(1)(b) and (3). Workers’ right to participate in the application and review of OSH measures and in the selection of OSH representatives. The Committee notes that the Government refers to section 7(i) of the Instructions No. 12 of 2016, which provides that the employer shall select the occupational safety and health officer from among the workers at the enterprise. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers have the right to select safety and health representatives and representatives in OSH committees. In addition, noting the lack of information regarding workers’ right to participate in the application and review of OSH measures, the Committee requests the Government to provide information in this regard.

Article 8(1)(c) and (3). Right of removal. The Committee notes the Government’s reference to section 119(f) of the Labour Law No. 37, which provides that workers should stay away from the worksite in case of a real danger. Referring to its comments above under Convention No. 167, the Committee requests the Government to indicate whether section 119(f) of Labour Law No. 37 of 2015 also covers situations where a worker has a reasonable justification to believe there is an imminent and serious risk to their safety and health, as provided for in Article 8(1)(c) of the Convention.

Article 8(3) and (4). Prior consultations with representative organizations of employers and workers concerned. The Committee notes that, according to section 116 of the Labour Law No. 37, the minimum OSH requirements, which shall be provided by employers, are issued by the Minister after consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on how prior consultations with representative organizations of employers and workers concerned are ensured with regard to the implementation of workers’ and their representatives’ rights enshrined in Article 8(1) and (2) of the Convention.

Article 9(2). Responsibility of manufacturers, importers and suppliers to comply with machinery safety standards and to provide information. Referring to its comments above under Convention No. 119, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that manufacturers, importers and suppliers comply with the standards referred to in Article 9(1) of the Convention and provide adequate and appropriate information, including hazard warning signs, in the official language or languages of the user country, to the users and, on request, to the competent authority.

Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee notes that, while the Government refers to Law No. 46 of 2012 Regulating the Circulation of Agricultural Materials regarding the implementation of Article 10 of the Convention, this law does not contain provisions on agricultural machinery. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that agricultural machinery and equipment are not used for human transportation, unless designed or adapted so as to carry persons.

Article 11. Establishment of safety and health requirements for the handling and transport of materials. Prohibition on manual handling or transport of load which is likely to jeopardize safety or health. The Committee notes the Government’s reference to: (i) Law No. 46 2012 on Regulating the Circulation of Agricultural Materials, which contains certain provisions on the storage, trade and import of agricultural materials; (ii) section 2 and 19 of the Instructions No. 4 of 1989 on Safety in Storing and Handling Chemical Materials; and (iii) paragraph 13 of Instructions No. 2 of 1990 on the Production, Handling and Storing of Insecticides. The Committee also takes note of section 3(xvi) and (xix) of the Instructions No. 12 of 2016, which provides for OSH requirements in the handling of explosive and hazardous materials. While noting this information, the Committee requests the Government to provide further information on the measures taken or envisaged to: (i) establish safety and health requirements for the handling and transport of materials, particularly on manual handling; and (ii) to ensure that such requirements are based on risk assessment, technical standards and medical opinion, taking account of all the relevant conditions under which the work is performed, in accordance with Article 11(1) of the Convention. It further requests the Government to indicate how it is ensured that workers are not required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health, in accordance with Article 11(2) of the Convention.

Article 12(b). Sound management of chemicals. Duty to comply with standards and to provide information. The Committee notes the Government’s reference to Instructions No. 2 of 2015 Concerning Registration and Approval of Pesticides, which establish the obligations related to the registration of pesticides with the National Committee for Registration and Accreditation of Pesticides at the Ministry of Agriculture. In addition, the Committee notes that Instructions No. 8 of 1986 regarding the production and import of chemical materials and products used for medical, industrial and agricultural purposes, as well as dyes, cosmetics, pest control and other pesticides, set out obligations regarding the provision of information to the competent authority before trading. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with national or other recognized safety and health standards, and provide adequate and appropriate information to the users in the appropriate official language or languages of the country and, on request, to the competent authority.

Article 12(c). Suitable system for collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment. It also requests the Government to indicate the relevant legislative or regulatory provisions in this regard, if any.

Article 13(2)(d). Preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking also cover the disposal of empty containers and the treatment and disposal of chemical waste and obsolete chemicals. It also requests the Government to indicate the relevant legislative or regulatory provisions in this regard, if any.

Article 14. Handling of biological agents and activities involving animals, livestock and stabling areas. The Committee notes that, while the Government refers to the Biological Risk Management Handbook issued by the National Committee for Biohazard Management, this Handbook only applies to workers who work in biological laboratories and who actively handle or manage biological agents and toxins, as well as other valuable laboratory materials. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled; and (ii) activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards.

Article 15. Construction, maintenance and repairing of agricultural installations. The Committee takes note of the Government’s indication that Article 15 of the Convention is implemented in accordance with the specific ownership of the agricultural equipment. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the construction, maintenance and repairing of agricultural installations is in conformity with national laws, regulations and safety and health requirements, and to indicate the relevant legislative or regulatory provisions in this regard.

Article 16. Young workers and hazardous work. The Committee notes the Government’s reference to: (i) section 7 of the Labour Law No. 37, according to which the minimum age of employment is 15; and (ii) section 95 of the above-mentioned law, which provides that minors shall not be employed in activities whose nature or work conditions may harm their health, safety or morality, including inter alia working with dangerous machines, equipment, or tools requiring a manual intervention or lifting of heavy loads, working in an unhealthy environment exposing the minors to hazards or to unusual temperatures, noise or to movements harmful to their health, and working in difficult conditions for long hours. It also notes that the Ministry shall, in consultation with the relevant workers’ and employers' organizations, periodically review, whenever is required, the lists of such types of work (section 95(2)). Referring to its comments under the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the measures taken or envisaged to ensure that children under 18 do not engage in hazardous work in agriculture (Article 16(1)), as well as on the determination of the types of employment or work in agriculture considered as hazardous, after consultation with the representative organizations of employers and workers concerned (Article 16(2)).

Article 17. Temporary and seasonal workers. The Committee takes note of the Government’s reference to section 3(1) of the Labour Law No. 37, according to which the provisions of the above-mentioned law shall apply to all workers and the like. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable permanent workers in agriculture.

Article 18. Pregnancy, breastfeeding and reproductive health. The Committee notes the Government’s reference to section 87 of the Labour Law No. 37, which prohibits forcing pregnant or nursing women to perform an activity deemed by the competent health authority harmful to the mother or the child, or if the existence of a major hazard on the mother or child’s health is evidenced by the medical exam. In addition, it provides that women may not be recruited to perform arduous or harmful works (section 85(2)). While noting this information, the Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Periodic consideration of measures to be taken to ratify relevant occupational safety and health (OSH) Conventions. The Committee notes the Government’s indication in its report that a Tripartite Consultation Committee, consisting of the Ministry of Labour and Social Affairs (MOLSA), and representatives of employers and of workers, consults on the measures that could be taken to ratify ILO Conventions, including those on OSH. The Committee requests the Government to provide further information on the consultative process within the Tripartite Consultation Committee in this regard, including their frequency and the manner in which consideration is given, in those consultations, to measures that could be taken to ratify relevant OSH Conventions.

Article 3. National OSH policy. The Committee notes the Government’s indication that, pursuant to section 115(1) of the Labour Law No. 37 of 2015 (Labour Law), the MOLSA, through the National Centre for Occupational Health and Safety (NCOHS), shall be responsible for drafting, developing and reviewing the national OSH policy on a regular basis, in consultation with the social partners. In this regard, the Government indicates that the NCOHS is in the process of finalizing the OSH policy, and refers to consultations with the Iraqi Federation of Industries and the General Federation of Trade Unions of Iraq in this context. The Committee requests the Government to take the necessary measures to finalize its national OSH policy in the near future, and requests the Government to provide a copy, once adopted. The Committee also requests the Government to provide further information on the outcome of consultations undertaken with employers’ and workers’ organizations in the formulation of its national OSH policy.

Article 4(1) and (2)(a). Progressive development and periodic review of the national system in consultation with social partners. Review of OSH laws and regulations. The Committee notes the legislation pertaining to OSH provided by the Government. The Committee requests the Government to provide further information on the manner in which it periodically reviews its national OSH system, and to indicate how the most representative organizations of employers and workers are consulted in this regard. The Committee further requests the Government to provide information on the manner in which the social partners are consulted on revisions of the national legislative framework on OSH.

Article 4(1) and (2)(b). Establishment, maintenance, progressive development and periodic review of the national OSH system in consultation with social partners. Authority responsible for OSH. The Committee notes that, pursuant to section 113 of the Labour Law, the NCOHS is in charge of managing the planning and monitoring of OSH matters. The Committee also notes that, pursuant to section 6 of Instructions No. 12 of 2017 on the Tasks and Structure of the NCOHS, the functions of the Department of Planning and Follow-up of the NCOHS include the follow-up to the implementation of the Centre’s policies and plans, as well as the assessment of the performance of its Departments. In this respect, the Decent Work Country Programme for Iraq (DWCP) 2019–23 observes that the NCOHS has been subject to decentralisation, which has raised some concerns around the capacities of decentralised entities to address more technical aspects of OSH at the level of the workplace. The Committee notes that the DWCP 2019–23 envisages actions to support the MOLSA in strengthening the technical capacities of the NCOHS and enabling it to provide better and more effective OSH services at the national level. The Committee requests the Government to provide further information on any measures taken or envisaged, including in the context of the DWCP, to strengthen the capacity of the NCOHS.

Article 4(3)(a). National tripartite advisory body. The Committee requests the Government to provide information on whether there is a national tripartite advisory body which addresses OSH issues, and if so, to provide information on its activities.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee requests the Government to indicate whether measures have been taken or envisaged to provide for collaboration between the authorities responsible for OSH and relevant insurance or social security schemes.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to indicate whether measures have been taken or are envisaged to provide support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, SMEs and the informal economy.

Article 5. National OSH programme. The Committee notes the Government’s statement that a general national programme has been formulated. The Committee requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the social partners, in accordance with Article 5(1), and to ensure that such a programme covers all the elements under Article 5(2)(a)–(e) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure that the national OSH programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3).

The Committee recalls that the Government can avail itself of the technical assistance of the ILO regarding the implementation of this Convention.

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

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Periodic consideration of measures to be taken to ratify relevant occupational safety and health (OSH) Conventions. The Committee notes the Government’s indication in its report that a Tripartite Consultation Committee, consisting of the Ministry of Labour and Social Affairs (MOLSA), and representatives of employers and of workers, consults on the measures that could be taken to ratify ILO Conventions, including those on OSH. The Committee requests the Government to provide further information on the consultative process within the Tripartite Consultation Committee in this regard, including their frequency and the manner in which consideration is given, in those consultations, to measures that could be taken to ratify relevant OSH Conventions.

Article 3. National OSH policy. The Committee notes the Government’s indication that, pursuant to section 115(1) of the Labour Law No. 37 of 2015 (Labour Law), the MOLSA, through the National Centre for Occupational Health and Safety (NCOHS), shall be responsible for drafting, developing and reviewing the national OSH policy on a regular basis, in consultation with the social partners. In this regard, the Government indicates that the NCOHS is in the process of finalizing the OSH policy, and refers to consultations with the Iraqi Federation of Industries and the General Federation of Trade Unions of Iraq in this context. The Committee requests the Government to take the necessary measures to finalize its national OSH policy in the near future, and requests the Government to provide a copy, once adopted. The Committee also requests the Government to provide further information on the outcome of consultations undertaken with employers’ and workers’ organizations in the formulation of its national OSH policy.

Article 4(1) and (2)(a). Progressive development and periodic review of the national system in consultation with social partners. Review of OSH laws and regulations. The Committee notes the legislation pertaining to OSH provided by the Government. The Committee requests the Government to provide further information on the manner in which it periodically reviews its national OSH system, and to indicate how the most representative organizations of employers and workers are consulted in this regard. The Committee further requests the Government to provide information on the manner in which the social partners are consulted on revisions of the national legislative framework on OSH.

Article 4(1) and (2)(b). Establishment, maintenance, progressive development and periodic review of the national OSH system in consultation with social partners. Authority responsible for OSH. The Committee notes that, pursuant to section 113 of the Labour Law, the NCOHS is in charge of managing the planning and monitoring of OSH matters. The Committee also notes that, pursuant to section 6 of Instructions No. 12 of 2017 on the Tasks and Structure of the NCOHS, the functions of the Department of Planning and Follow-up of the NCOHS include the follow-up to the implementation of the Centre’s policies and plans, as well as the assessment of the performance of its Departments. In this respect, the Decent Work Country Programme for Iraq (DWCP) 2019–23 observes that the NCOHS has been subject to decentralisation, which has raised some concerns around the capacities of decentralised entities to address more technical aspects of OSH at the level of the workplace. The Committee notes that the DWCP 2019–23 envisages actions to support the MOLSA in strengthening the technical capacities of the NCOHS and enabling it to provide better and more effective OSH services at the national level. The Committee requests the Government to provide further information on any measures taken or envisaged, including in the context of the DWCP, to strengthen the capacity of the NCOHS.

Article 4(3)(a). National tripartite advisory body. The Committee requests the Government to provide information on whether there is a national tripartite advisory body which addresses OSH issues, and if so, to provide information on its activities.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee requests the Government to indicate whether measures have been taken or envisaged to provide for collaboration between the authorities responsible for OSH and relevant insurance or social security schemes.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to indicate whether measures have been taken or are envisaged to provide support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, SMEs and the informal economy.

Article 5. National OSH programme. The Committee notes the Government’s statement that a general national programme has been formulated. The Committee requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the social partners, in accordance with Article 5(1), and to ensure that such a programme covers all the elements under Article 5(2)(a)–(e) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure that the national OSH programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3).

The Committee recalls that the Government can avail itself of the technical assistance of the ILO regarding the implementation of this Convention.

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

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 139 (occupational cancer) together.

Protection against specific risks

Protection of workers against ionizing radiations (Convention No. 115)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Exemption. In its previous comments, the Committee requested the Government to confirm that Internal Regulations No. 1 (2006) concerning the Control of the Use of Radioactive Sources in Iraq (2006 Regulations) issued by the Radioactive Source Regulatory Authority apply to all uses of radiation in the country and to provide information on exemptions granted under sections 4(4) and 5 of these Regulations. In this regard, the Committee notes the Government’s statement in its report that the 2006 Regulations are applicable to all known radiation uses and practices involving radioactive sources. It also notes the Government’s indication that, pursuant to section 5(2) of the 2006 Regulations, when as a result of a radiation practice the radiation exposure of the public does not exceed 10 mSv per year, the relevant body is exempted from the Authority’s licensing requirements, including the preparation of a local emergency plan. However, it is subject to other measures such as inspections, licence extension and end-of-life disposal of the source. The Committee notes that such an exemption is in line with the standards contained in the publication Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (General Safety Requirements Part 3), issued in July 2014 by the International Atomic Energy Agency. It takes note of this information.

Articles 2 and 3. Occupational exposure during and after an emergency. Measures to ensure protection of workers in the light of knowledge available. In its previous comments, the Committee requested the Government to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined. The Committee notes that the Government has not replied to its request.

In this regard, the Committee would like to draw the Government’s attention to paragraphs 17–23 and 36–37 of its 2015 general observation, where it indicates that individual exposure in emergency situations should be optimized, with appropriate boundaries of reference levels. Such reference levels should be selected to be within, or if possible below, the 20–100 mSv band. Measures are to be taken to ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv, except in certain specific and exceptional situations (described in paragraph 37 of the general observation). Response organizations (as defined in note No. 19 of the general observation, “a response organization is an organization designated or otherwise recognized by a State as being responsible for managing or implementing any aspect of an emergency response”) and employers should ensure that emergency workers who undertake actions in exceptional circumstances in which the doses received might exceed 50 mSv do so voluntarily, have been clearly and comprehensively informed in advance of the associated health risks, as well as of available measures for protection and safety and that they are, to the extent possible, trained in the actions they may be required to take. In light of the indications contained in the abovementioned paragraphs of its 2015 general observation, and acknowledging the difficult situation in the country, the Committee requests the Government to provide information on the boundaries of reference levels for the exposure of workers in emergency situations, as well as the exceptional circumstances and the conditions in which emergency workers might be subject to an exposure in excess of 50 mSv.

Articles 12 and 13(a). Regular medical examinations and examinations in cases of emergency. In its previous comments, as regards the application of Article 12, the Committee requested the Government to supply a copy of relevant instructions in relation to the type and nature of the medical examinations required before the employment and then periodically. The Committee takes note of the preliminary and periodical medical examination forms provided by the Radiation Prevention Centre at the Ministry of the Environment, enclosed with the Government’s report, which give information in this respect. Concerning the application of Article 13(a), it notes however that the Government did not provide the information requested in relation to medical examinations in cases of emergency. The Committee requests the Government to specify the measures taken to ensure that workers undergo promptly an appropriate medical examination in certain circumstances, because of the nature and/or degree of the exposure to ionising radiations, and to give details about these circumstances.

Prevention and control of occupational hazards caused by carcinogenic substances and agents (Convention No. 139)

Article 3 of the Convention. Appropriate system of registers. In its previous comments, the Committee requested the Government to provide information on progress made in the establishment of an appropriate system of records, in respect of workers exposed to carcinogenic substances. The Committee notes the Government’s indication in its report that a national record of cancers exists within the Ministry of Health. The Committee also notes the attached form adopted by the Ministry of Health for cancer records, which includes personal information, information on the occupation, on the disease and on the treatments. The Government indicates that this information is included among the main data recorded when persons suffering from cancer are admitted to government hospital. It adds that all factories, plants and employers are required to report on an annual basis any case of cancer diagnosed among the staff of the establishment concerned. The Committee requests the Government to provide further details about the functioning in practice of the national record of cancer within the Ministry of Health, including the implementation of the obligation for employers to report cases of cancer and to provide also any legal text concerning this obligation.

Article 5. Provision of medical examinations. Application in practice. The Committee previously noted the information provided by the Government concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. It notes that under section 59 of the Social Security and Retirement Act, No. 39 of 1971, provided by the Government with its report, the company or the injured worker may ask for medical re-examination once every six months during the first year from the date on which the disability is confirmed and once annually thereafter. The Committee also notes that section 61 of this Act provides that employers shall be responsible, in case an occupational disease is detected within one year from the termination of employment, and on the condition that the worker has worked in an industry unrelated to the respective occupational disease. The Committee requests the Government to provide statistical information on occupational diseases detected within one year from the termination of employment.

Application in practice. The Committee notes the Government’s indication that the requested statistical data concerning the number of workers covered and the number of diseases will be provided in a subsequent report as soon as they are available. The Committee requests the Government to provide information in this regard, including the number and nature of the contraventions reported, and the number, nature and cause of cases of diseases.

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

Article 7 of the Convention. Statistical information with regard to lead poisoning among working painters. The Committee notes that contrary to the Government’s indication, the table on cases of lead poisoning for the 2010–14 period, classified according to governorates, was not attached to the Government’s report. The Committee therefore, once again, requests the Government to provide detailed statistical information with regard to lead poisoning among working painters.

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

Article 10 of the Convention. Maintaining a comfortable and steady temperature in all premises used by workers. The Committee previously noted that new instructions on maintaining a comfortable and steady temperature in workplaces were under consideration. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to indicate if the instructions on maintaining a comfortable and steady temperature in workplaces have been adopted.

Article 14. Provision of suitable seats in offices and other workplaces. Noting the absence of information in the Government’s report in this regard, the Committee once again requests the Government to provide information on the measures taken to ensure that all premises are equipped with sufficient and suitable seats.

Article 16. Underground and windowless working premises. Recalling that Article 16 of the Convention requires that underground or windowless premises in which work is normally performed comply with appropriate standards of hygiene, the Committee requests the Government to provide information on any measures taken or envisaged to establish standards in that regard.

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

The Committee notes the information provided by the Government in its report in reply to its previous requests concerning the application of Article 5(4) of the Convention on the right of representatives of the employer and of workers to accompany inspectors, Article 6(1) on employers’ responsibility to comply with prescribed measures, Article 7 on workers’ responsibility to comply with safety procedures and right to present proposals, obtain training and to appeal to appropriate bodies, Article 10 on employers’ obligation to provide protective equipment, Article 11(1) and (2) on the provision of medical examinations at no cost to the worker and Article 13 on information and instructions on occupational hazards in the working environment.

Article 6(2). Collaboration between two or more employers undertaking activities simultaneously at the workplace. The Committee requests the Government to provide information on the measures taken to ensure that when two or more employers undertake activities simultaneously in one workplace they have the duty to collaborate in complying with the prescribed measures.

Article 8. Establishing exposure limits to air pollution. Opinion of technically competent persons. Revision of exposure limits. The Committee notes the Government’s indication that exposure limits to air pollution, noise and vibration are fixed in the Instructions No. 22 of 1987 and that they are reviewed periodically. It further notes that official bodies such as the Central Inspection Body are consulted. The Committee however observes that while section 15 of the Instructions No. 22 of 1987 foresees that the employer shall take the necessary measures to reduce noise in the workplace and keep it at a level which does not exceed 85 decibels, the instructions do not establish exposure limits for air pollution. The Committee also observes that daily exposure limits to vibration are provided under section 1(X) of the Instructions No. 4 of 1993. Noting that the legislation referenced does not contain provisions on the limits established for exposure to air pollution in the workplace, the Committee requests the Government to provide information in this respect. The Committee also requests the Government to provide further information on the manner in which exposure limits to air pollution, noise and vibration are supplemented and revised and on how technically competent persons are involved in the establishment of such exposure limits.

Article 9. Technical and organizational measures to prevent exposure to air pollution and noise. With reference to its previous comment, the Committee notes the Government’s statement that although continuous efforts have been undertaken, the draft Act on Prevention of Noise has not yet been adopted. It also notes the Government’s statement that the establishment of new enterprises or changes to be undertaken in their respect have to be authorized by the Plant Committee of the Ministry of Municipalities, which is composed by representatives of the Ministries of Health, Environment and Labour. In this regard, the enterprise owner shall submit the environment report provided by Law No. 27 of 2009 on the Protection and Improvement of the Environment. Furthermore, it notes the Government’s indication that existing enterprises are evaluated in the framework of periodic inspection visits, which are carried out following a choice based on plant dangerousness, complaints issued or accidents that have occurred. The Committee requests the Government to provide further information on the manner in which it ensures that new or existing plants are kept free from any hazards due to air pollution and noise through the use of technical measures, in conformity with Article 9 of the Convention.

Article 11(3) and (4). Provision of alternative employment. The Committee notes the Government’s indication that suitable alternative employment is provided pursuant to a decision of the Medical Committee of the National Centre for Occupational Safety and Health (NCOSH). The Committee requests the Government to provide further information on the procedures of the Medical Committee of the NCOSH in evaluating whether workers can be granted alternative employment where continued assignment to work involving exposure to air pollution, noise or vibration is found medically inadvisable.

Article 12. Notification to competent authorities. The Committee notes the Government’s response which indicates that the competent authority within the NCOSH keeps a database of the processes, substances and devices, whose use it allows or prohibits in workplaces. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that employers using processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall notify them to the competent authority and that this authority may, as appropriate, authorize their use on prescribed conditions or prohibit it.

Article 15. Appointment by employers of a competent person or use of a competent service. The Committee requests the Government to provide information on the measures taken to ensure the appointment of a competent person or the use of a competent service by employers to deal with matters pertaining to the prevention and control of air pollution, noise and vibration.

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

The Committee notes the information provided by the Government in its report in reply to its previous request concerning Article 15 of the Convention on appropriate penalties and inspection.

Articles 2 and 4 of the Convention. National laws or regulations, or other equally effective measures, prohibiting the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Responsibility for ensuring compliance. The Committee notes the Government’s indication that measures have been taken to include the provisions of the Convention in the new Labour Code of 2015, under Chapter 13 concerning occupational safety and health and labour inspection. The Committee notes that section 114(9) of this Code provides that the safety of harmful machinery and equipment (boilers, lifts and cranes, etc.) shall be verified through reports that prove their safe operational suitability, drafted by the authorities formally authorized by the National Centre for Occupational Health and Safety in accordance with the instructions issued by the Minister. The Committee recalls that pursuant to Article 2 of the Convention, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures. The Committee once again requests the Government to take all the necessary steps to give full effect to Article 2. Furthermore, the Committee requests the Government to provide information on all measures taken or envisaged in order to ensure that the vendor, the person letting out on hire or transferring the machinery, or the exhibitor are responsible for compliance with the obligations under Article 2 of the Convention, in conformity with Article 4.

Articles 6 and 7. Use of machinery. The Committee notes that pursuant to section 118(a) of the Labour Code, the employer undertakes to take the necessary measures to ensure on-the-job protection of workers against dangers posed by work and by machinery, which are harmful to their health. The Committee recalls that Article 6 of the Convention requires national laws or regulations to prohibit the use of machines whose dangerous parts are not provided with appropriate guards. Under Article 7, the obligation to ensure compliance with the provisions of Article 6 rests on the employer. The Committee therefore requests the Government to provide information on the legislative or regulatory measures taken to give effect to Article 6 of the Convention.

Application in practice. The Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including the number and nature of infringements reported and the action taken.

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

Legislation. The Committee welcomes the submission of Act No. 8 of 2006 of the Ministry of Labour and Social Affairs, containing provisions which upgrade the National Centre for Occupational Safety and Health to a General Directorate within the Ministry of Labour. It also notes that the Government is in the process of adopting a new Labour Code. The Committee expresses the hope that the new Labour Code will take account of the Committee’s comments, and requests the Government to provide a copy of the Code, once adopted.

Article 10 of the Convention. Maintaining a comfortable and steady temperature in all premises used by workers. The Committee notes the Government’s statement that the new instructions on maintaining a comfortable and steady temperature in workplaces are still under consideration. It therefore reiterates its request to the Government to send a copy of these instructions, once adopted.

Article 12. Provision of drinking water at workplaces. The Committee notes the Government’s reference to section 5(5) of the Instructions No. 22 of 1987, which provides that the employer shall provide drinking water that is wholesome, clean and particularly chilled in the summertime.

Article 14. Provision of suitable seats in offices and other workplaces. The Committee notes the Government’s reference to section 5(2) of the Instructions No. 22, which requires employers to provide suitable premises to workers for resting and taking their meals, specifying that these premises shall, inter alia, have seats and bedding. In this regard, the Committee recalls that Article 14 of the Convention calls for the provision of sufficient and suitable seats in all premises used by workers, not only premises used for rest and meals. The Committee therefore requests the Government to provide information on the measures taken to ensure that all premises are equipped with sufficient and suitable seats. In addition, noting the Government’s previous indication that consultations had been undertaken between the social partners on this subject, the Committee once again requests the Government to provide information on the outcome of these consultations.

Article 16. Underground and windowless working premises. The Committee previously noted the Government’s indication that draft instructions concerning underground and windowless working premises had been included in a draft Occupational Safety and Health Act. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to provide information on the status of the draft Occupational Safety and Health Act, and to provide a copy of this Act, once adopted.

Part IV of the report form. Application in practice. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including relevant extracts from reports of the inspection services.

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

Legislation. The Committee refers to the information from the Government that the draft Labour Code is being examined and will be adopted reasonably soon. The Committee hopes that the draft Labour Code will be adopted in the very near future and requests that a copy be sent to the Office as soon as it has been adopted.

Article 2 of the Convention. National laws or regulations, or other equally effective measures, prohibiting the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes the information in the Government’s report that the inspection teams that report to the Occupational Health and Safety Centre visit the field regularly to carry out danger assessments of the tools and machinery used in workplaces and determine appropriate guards to avoid the accidents to which workers may be exposed. The Committee points out that under this Article of the Convention, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures. The Committee requests the Government to take the necessary steps to give full effect to this Article of the Convention.

Article 4. Obligations on the vendor, the person letting out on hire or transferring the machinery or the exhibitor or their respective agents. The Committee notes that the Government provides no information on the effect given to this Article of the Convention. It urges the Government to take the necessary steps to establish expressly in national legislation the liability of the groups of persons set out in this Article of the Convention.

Articles 6 and 7. Prohibition of the use of unguarded machinery. Liability of the employer. The Committee notes that the Government’s report provides no specific information on the matter raised in its previous comments. The Government indicates that the National Occupational Health and Safety Centre has drawn up awareness-raising programmes and that display panels have been installed in workplaces to avert occupational accidents and diseases. It also indicates that where no national standards exist in this area, international standards apply. The Committee points out that the use of machinery without appropriate guards must be prohibited and that the legislation must expressly establish that the obligation to ensure compliance with the prohibition must rest on the employer, in accordance with Articles 6 and 7 of the Convention. The Committee again asks the Government to indicate the measures taken or envisaged to prohibit or prevent the use of machinery the dangerous parts of which are without appropriate guards. It also asks the Government to provide information on the effect given to Articles 6 and 7 of the Convention.

Article 10. Information and instructions to be given to the workers. The Committee notes the Government’s reply that the employers’ obligations regarding environmental conditions are set in sections 107, 108 and 110 of the Labour Code. The Government also indicates that Instruction No. 22 of 1987 imposes an obligation on the employer to affix a warning notice on machinery pointing out its dangers and the means of avoiding them. The Committee points out that according to Article 10(1) of the Convention, employers must not only instruct workers appropriately regarding the dangers arising from and the precautions to be observed in the use of machinery, but must also bring to their notice national laws or regulations relating to the guarding of machinery. The Committee requests the Government to continue to provide information on the effect given to Article 10 of the Convention.

Article 15. Appropriate penalties and inspection. The Committee notes that the Government refers to section 110 of the Labour Code establishing penalties for breach of the safety and health prescriptions, such as the closure of the workplace. The Government also indicates the tripartite committees are responsible for taking the necessary steps to ensure appropriate inspection. The Committee requests the Government to continue to provide information on the measures taken to ensure that appropriate inspection services are provided for the purpose of supervising the application of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report contains no information on the application of the Convention in practice. It requests the Government once again to give a general appreciation of the manner in which the Convention is applied in practice, and to include relevant extracts from reports of the inspection services together with information on the number of workers covered by the legislation, the number and nature of infringements reported and the action taken.

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

Article 7 of the Convention. Statistical information with regard to lead poisoning among working painters. The Committee notes that, in response to its request for information regarding the practical application of the Convention including statistical data related thereto, the Government reiterates its previously provided information that, according to available statistics from the labour inspectorate, no worker has been exposed to lead poisoning in the most recent reporting period, but that the Government had requested statistical information from the Ministry of Health regarding possible cases of lead poisoning reported to them. The Committee again requests the Government to continue to provide further statistical information with regard to lead poisoning among working painters as it becomes available.

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

Further to its observation the Committee notes the following points:

Article 2(1) of the Convention. Exemptions. With reference to its previous comments, the Committee recalls that this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. The Committee notes that Sections 4(4), 5 and 11(1)(b) of the 2006 Regulations authorize the Radioactive Source Regulatory Authority to grant exemptions from its application under certain circumstances. Furthermore, with reference to section 2 of Act No. 99, 1980, it is not quite clear whether the present regulations apply to all activities involving exposure of workers to ionizing radiations in the course of their work. The Committee requests the Government to indicate whether and to what extent any exemptions have been granted under sections 4(4), 5 and 11(1)(b) of the 2006 Regulations and to confirm that the Internal Regulations No. 1 (2006) concerning the control of the use of radioactive sources apply to all uses of radiation in the country.

Articles 12 and 13(a). Regular medical examinations and medical examinations in cases of emergency. Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions and that in its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes that the Regulations do contain provisions giving effect to these provisions of the Convention. The Government is once again requested to supply a copy of relevant instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

Occupational exposure during and after an emergency. The Committee once again draws the Government’s attention to paragraphs 16–27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency and that section 35 of the 2006 Regulations does not fully reflect the recommendations in the general observation. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

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

The Committee notes that that Government’s most recent report does not contain any new information on the matters raised since 1996 concerning the application of the Convention. The Committee expresses the hope that the Government will take all necessary measures to ensure that relevant implementing legislation will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Repetition

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

Part V of the report form. Application in practice. The Committee notes the information that supervision of the application of the Convention is carried out by the inspection service and that sanctions are imposed by virtue of the provisions of the Labour Code. The Committee requests the Government to provide a general appreciation of the matter in which the Convention is applied in practice in the country, including extracts from official reports such as inspection reports and information on any practical difficulties in the application of the Convention.

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

[The Government is asked to reply in detail to the present comments in 2012.]

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

The Committee notes that the Government’s most recent report does not contain any new information regarding the legislative process to implement the Convention. The Committee is therefore bound to repeat it previous direct request which read as follows:

Repetition

With reference to the Government’s most recent report and the Committee’s previous comments, the Committee welcomes the submission of Instructions No. 3 regarding the National Centre for Occupational Health and Safety, but notes that the referenced Act No. 8 of 2006 upgrading the National Centre for Occupational Health and Safety has not yet been made available to the Committee. The Committee requests the Government to supply copies of all relevant pieces of legislation including referenced draft legislation as soon as they have been adopted.

Article 10 of the Convention. Maintaining a comfortable and steady temperature in all premises used by workers. The Committee notes that no new information is provided as regards the application of this Article of the Convention and that the draft instruction is still under consideration. It therefore reiterates its request to the Government to send copies of the referenced draft instructions as soon as they have been adopted.

Article 12. Provision of drinking water at workplaces. The Committee notes that the Government indicates that draft instructions concerning the supply of drinking water at workplaces have been included in a draft Occupational Safety and Health Act, but that this Act has not yet been adopted. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

Article 14. Provision of suitable seats in offices and other workplaces. The Committee notes that the Government indicates that there were ongoing consultations between the social partners to ensure sufficient and suitable seats for workers. The Committee requests the Government to provide information on the outcome of these consultations and on measures which have been taken to ensure that sufficient and suitable seats are supplied for workers.

Article 16. Underground and windowless working premises. The Committee notes that the Government indicates that draft instructions concerning underground and windowless working premises have been included in a draft Occupational Safety and Health Act, but that this Act has not yet been adopted. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

Part IV of the report form. Application in practice. The Committee notes the intention of the Government to submit inspection reports, but that no such inspection reports were in fact made available to the Committee. The Committee requests the Government to provide a general appreciation of the manner in which the Convention and is applied in the country including extracts of reports on the activities of the inspection services.

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

[The Government is asked to reply in detail to the present comments in 2012.]

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

The Committee notes that the Government in its report refers to a strategic plan including the setting up of a medical centre for occupational diseases, and the report does not otherwise contain any new legislative information on the matters raised since 1997 concerning the application of the Convention. The Committee expresses the firm hope that relevant implementing legislation will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following comments of the Committee.

Article 3 of the Convention. Appropriate system of registers. As stated in its previous comments the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. The Committee reiterates that, in its 1993 report, the Government referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (second (revised) edition), 1988, concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data “to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose–response relationship and the effectiveness of preventive action”. The Committee expresses the firm hope that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate in its next report the progress made in this regard.

Article 5. Provision of medical examinations. The Committee notes the information provided in the Government’s report that section 56 of the Social Security and Retirement Act, Mp- 39 of 1991 reportedly ensures that workers shall be provided with a medical examination one year after the termination of their employment. The Committee requests the Government to submit a copy of the referenced legislation and to provide further details regarding the application of this provision in practice.

Part IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under Part IV of the report form concerning the practical application of the Convention and, in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that the Ministry of Health is responsible for producing the relevant statistics which also are published in an annual report. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

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

The Committee notes the information provided regarding effect given to Article 11(1) of the Convention. It also notes the information that a draft Act on Prevention of Noise is still under consideration, and that no new information has been provided regarding measures taken to give effect to Articles 6, 7, 8, 9, 10, 11, 13 and 15 regarding air pollution and noise. The Committee hopes that specific measures concerning not only vibration but also air pollution, and noise will be adopted in the near future and that they will give full effect to the Convention. The Committee also requests the Government to transmit copies of all relevant legislation to the Office, to the extent that this has not already been done.

Article 5(4). Right for representatives of the employer and of workers to accompany inspectors. The Committee notes the information that the most representative organizations of employers and workers consult with the Government in the context of the meetings of the Tripartite Consultation Committee, but that no information is provided regarding measures taken to ensure that employers’ and workers’ representatives are entitled to accompany inspectors. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 6(2). Collaboration between two or more employers undertaking activities simultaneously at the workplace. The Committee notes the Government’s response which seems to indicate that, in practice, employers do collaborate when they are two or more at one workplace simultaneously. The Committee requests the Government to indicate whether there are any more formal requirements giving effect to this provision as prescribed in Article 4 of the Convention.

Article 11(2). Provision of occupational safety and health at no cost to the worker. The Committee notes that the Government indicates that the services offered by the National Centre for Occupational Safety and Health to workers likely to be exposed to vibration are offered free of charge, but that this does not provide for a full implementation of the requirements in this provision of the Convention. The Government is yet again requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of charge to the workers concerned.

Article 11(3–4). Provision of alternative employment. The Committee notes that the Government in its report does not respond to the question regarding the implementation of these provisions. The Committee again requests the Government to indicate measures taken to provide workers, whose continued assignment to a job is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. Notification to competent authorities. The Committee notes the information that the use of machinery and equipment is always notified to the authorities and authorizations are duly obtained. The Committee requests the Government to provide references to relevant legislation where these notification/authorization requirements are regulated and to take measures to ensure a full application of this provision of the Convention.

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

The Committee notes with interest the information provided by the Government that detailed the National Occupational Safety and Health (OSH) Centre has prepared draft Instructions on OSH for the sector of construction and public works, that the provisions of the Convention were taken into account and submitted to the legal unit of the Ministry and that this text was currently being examined. It also notes the information that with reference to Article 30(3) Compliance with standards for protective equipment the Government indicates that the National OSH Centre follows up continuously on the development of standards and classifications of personal protection equipment (PPE) taking into account ergonomic principles. Emphasizing that the Government remains under the obligation to ensure the application of the Convention during the drafting process, the Committee requests the Government to transmit copies of relevant legislation as soon as it has been adopted and expresses the firm hope that the proposed legislation will take into account the Committee’s previous comment which, in relevant parts, read as follows:

Repetition

Article 2. Definitions. The Committee notes the Government’s indication that the terms “construction”, “construction site”, “workplace”, “competent person", “scaffold”, “lifting appliance” and “lifting gear” have been defined in conformity with the Convention, but that no further specific reference to legislation is provided. The Government is requested to provide the legislative reference to these definitions in its next report.

Article 4. Methods to ensure application in practice. The Committee notes the information that the Government has set up a unified inspection body for vocation and training activities, and social security and occupational safety, and that a department for occupational safety and health has been created in order to monitor measures implemented under the work programmes based on the labour inspectors’ assessment of health and safety hazards. The Committee welcomes this development, but reiterates its request to the Government to specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector; and to provide examples of work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited.

Article 5. Use of technical standards and of standards adopted by recognized international organizations in the field of standardization. The Committee notes that the Government refers to the Standard Disciplinary Rules (Instruction No. 17 of 1987) in its reply, but notes that the subject matter of these rules relates to the organization of work and not to the use of technical standards, and of standards adopted by recognized international organizations in the field of standardization, which is the object and purpose of the present article of the Convention. Given the technical complexities involved in construction, it is common practice to collect relevant standards in codes of practice recommended for use for different types of construction sites. It is also common practice to make use of the collective technical knowledge emanating from international organizations in the field of standardization such as the International Organization for Standardization. See, inter alia, http://www.iso.org/iso/search.htm?qt=Construction&searchSubmit=Search&sort=rel&type=simple&published=on. Against this background the Committee reiterates its request to the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. Cooperation between employers and workers. The Committee notes the information provided in reply to its previous comments indicating that the relevant inspection bodies comprise representatives of employers’ and workers’ organizations, and that these organizations also participate in common awareness programmes and the Tripartite Consultative Commission. The Committee notes that this information does not relate to the provisions requiring measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers, and to describe the arrangements whereby this cooperation is ensured.

Article 8. Two or more employers undertaking activities simultaneously at one workplace. The Committee notes that the Government refers to the Standard Disciplinary Rules (Instruction No. 17 of 1987) in its response but notes that this legislation does not give effect to the provisions in this Article. The Committee reiterates its request to the Government to take the necessary steps to give effect to the provisions of this Article.

Article 10. A worker’s right and duty to participate in ensuring safe working conditions. The Committee notes that the Government yet again refers to the Occupational Safety and Health Instruction No. 22 of 1987, and that no further new information is provided. The Committee recalls again that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all workers. The Committee therefore reiterates its request to the Government to indicate which provisions lay down the right and duty of workers to participate in ensuring safe working conditions and to express views on working procedures.

Article 12. Right to removal. The Committee notes the Government’s indication that effect is given to this Article of the Convention in current legislation, and that no further details are provided. The Committee requests the Government to indicate the national laws and regulations which provide a worker with the right to remove himself from danger when he believes that there is serious danger, and the duty so to inform his supervisor, and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 18(1) and (2). Work at heights and roof work. The Committee notes the reference made to section 5(30) of the Occupational Safety and Health Instruction No. 22 of 1987, and observes that this provision is general in nature. The Committee again reminds the Government that according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against workers inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19(a), (b), (d) and (e). Excavations, shafts, earthworks, underground works and tunnels. The Committee notes that the Government refers to existing legislation as well as to provisions to be contained in the new legislation under consideration. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will give full effect to these provisions of the Convention and ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). Adequate ventilation at workplaces. The Committee notes the reference made to the Instruction on the National Occupational Safety and Health Centre, No. 3 of 2009 to ensure compliance with this Article of the Convention, and notes that the subject matter in this Article is not regulated therein. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations prescribe for adequate ventilation at all workplaces in accordance with this Article of the Convention.

Article 24. Demolition. The Committee notes the information that its previous comments will be taken into account in the new legislation under consideration including specific draft instructions covering demolition work and disposal of waste. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will prescribe precautions, methods and procedures that must be adopted when demolition work is done, including those for the disposal of waste or residues, and measures ensuring that work shall be planned and undertaken only under the supervision of a competent person. The Committee would also be grateful for any information on precautions taken in this context for the handling of construction material containing asbestos fibres.

Article 26(1). Competent persons handling the construction, installation and maintenance of electrical equipment and installations. The Committee notes that the Government yet again refers to section 5(12) of the Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes again, however, that these provisions make no reference to the construction, installation and maintenance of electrical equipment and installations by competent persons. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will require that electrical equipment and installations be constructed, installed and maintained by competent persons.

Article 26(2) and (3). Guards and protection against electrical cables. The Committee notes the reference made to section 5(12) of the Occupational Safety and Health Instruction No. 22 of 1987 which however, is general in nature. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will specifically prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electrical cables and apparatus on or near the site so as to guard against any danger. The Government is also requested to develop technical rules and standards that apply nationwide to the laying and maintenance of electrical cables.

Article 27. Explosives. The Committee notes the reference made to section 5(18) of the Occupational Safety and Health Instruction No. 22 of 1987, which does not give full effect to this Article of the Convention. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28(1). Prevention against exposure of workers to health hazards. The Committee notes the reference made by the Government to instructions allegedly giving effect to this provision and notes that the national legislation in question was not made available to the Committee. The Committee requests the Government to submit the referenced legislation, and, as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 28(2). Prevention of chemical, physical and biological hazards and replacement of hazardous substances by harmless or less hazardous substances, wherever possible. The Committee notes the Government’s indication that the relevant national legislation includes the Occupational Safety and Health Instruction No. 22 of 1987 and the Instruction No. 4 of 1989 on the Storage and Handling of Chemicals, the text of which has not been made available to the Committee. The Committee also notes the reference made, without any further details, to the new Labour Code. The Committee requests the Government to submit copies of relevant legislation and as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 28(3). Prevention against certain hazards. The Committee notes the Government’s indication that the prevention against certain hazards is contained in national legislation, including the Occupational Safety and Health Instruction No. 22 of 1987, the Act No. 71 of 1978, and the new Labour Code; and in the duties of the National Occupational Safety and Health Centre. The Committee requests the Government to submit a copy of Act No. 71 of 1978; provide further details regarding the relevant sections in the other legislation referred to; and as appropriate, take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 30(2). Use of protective equipment. The Government refers to the Occupational Safety and Health Instruction No. 22 of 1987 without providing any further details. The Committee requests the Government to specify how effect is given to the requirement that employers satisfy themselves that workers use their individual protective equipment properly, and, as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

[…]

Article 34. Reporting of accidents and diseases. The Committee notes that the Government has again referred to the Occupational Safety and Health Instruction No. 22 of 1987 without providing any further details. The Committee reiterates that national laws or regulations must provide for the reporting of occupational accidents and diseases to the competent authority within a prescribed period of time. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification of occupational accidents and diseases to the competent authority, and to specify the prescribed time limit for notification of occupational accidents and diseases.

The Committee also notes the information provided by the Government indicating that the Committee’s previous comments, as regards the following articles, will be taken into account in the new legislation under consideration:

• – Article 7. Measures to ensure that self-employed persons comply with prescribed safety and health measures at the workplace.
• – Article 9. Taking into account the safety and health of the construction workers in the design and planning of a construction project.
• – Article 11, subparagraphs (a), (b) and (d). Workers’ duty to cooperate; to take care of the safety and health of other persons; and to report situations likely to present a risk.
• – Article 13, paragraphs 2 and 3. Safety at workplaces.
• – Article 14. Scaffolds and ladders.
• – Article 15, paragraph 1(a) to (d). Lifting appliances and gear.
• – Article 15, paragraph 1(e); Article 16, paragraph 1(d) ; and Article 17, paragraph 1(d). Required training of workers for the handling of equipment.
• – Article 16, paragraph 1(a), (b) and (c), and paragraph 2. Transport, earth moving and materials-handling equipment.
• – Article 17, paragraphs 1 and 2. Plant, machinery equipment and hand-tools.
• – Article 20. Cofferdams and caissons.
• – Article 21. Work in compressed air.
• – Article 22, paragraphs 1 and 3. Erection of structural frames and formwork.
• – Article 23. Work over water.

Part VI of the report form. Application in practice. The Committee notes that the Government’s report is silent on the question of the application in practice of the Convention. Government’s indication that, due to the national security situation in the country, statistics are not available. The Committee would however, request that the Government provide a general appreciation of the manner in which the Convention is applied in the country based on available information including, in particular, any available information on the number of occupational accidents and diseases reported.

[The Government is asked to reply in detail to the present comments in 2013.]

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

The Committee notes with satisfaction the adoption and transmission to the ILO of Internal Regulations No. 1 (2006) concerning the Control of the use of Radioactive Sources in Iraq (2006 Regulations) issued by the Radioactive Source Regulatory Authority that these regulations provide for the steps to be taken to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Articles 3(1), 5, 6(2) and 11 of the Convention, including established dose limits for the various categories of persons referred to in the Convention, and that the dose limits so prescribed are in accordance with the 1990 Recommendation of the International Commission on Radiological Protection to which the Committee refers in its 1992 general observation under the Convention.

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

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 with interest the detailed report submitted by the Government on the application of this Convention, including information on effect given to Articles 17(3), 29(1)(c), 31, and 32(3) of the Convention. It also notes the information that the national review of occupational safety and health legislation, including the development of instructions for occupational safety and health in construction and buildings, is still under way. The Committee welcomes the information regarding the further development and reorganization of the National Occupational Safety and Health Centre by Instruction No. 3 of 2009. The Committee requests the Government to transmit copies of relevant legislation as soon as it has been adopted and expresses the firm hope that the proposed legislation will take into account the following specific comments.

Article 2 of the Convention. Definitions. The Committee notes the Government’s indication that the terms “construction”, “construction site”, “workplace”, “competent person”, “scaffold”, “lifting appliance” and “lifting gear” have been defined in conformity with the Convention, but that no further specific reference to legislation is provided. The Government is requested to provide the legislative reference to these definitions in its next report.

Article 4. Methods to ensure application in practice. The Committee notes the information that the Government has set up a unified inspection body for vocation and training activities, and social security and occupational safety, and that a department for occupational safety and health has been created in order to monitor measures implemented under the work programmes based on the labour inspectors’ assessment of health and safety hazards. The Committee welcomes this development, but reiterates its request to the Government to specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector; and to provide examples of work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited.

Article 5. Use of technical standards and of standards adopted by recognized international organizations in the field of standardization. The Committee notes that the Government refers to the Standard Disciplinary Rules (Instruction No. 17 of 1987) in its reply, but notes that the subject matter of these rules relates to the organization of work and not to the use of technical standards, and of standards adopted by recognized international organizations in the field of standardization, which is the object and purpose of the present Article of the Convention. Given the technical complexities involved in construction, it is common practice to collect relevant standards in codes of practice recommended for use for different types of construction sites. It is also common practice to make use of the collective technical knowledge emanating from international organizations in the field of standardization such as the International Organization for Standardization. See, inter alia, www.iso.org/iso/search.htm?qt=Construction&searchSubmit=Search&sort=rel&
type=simple&published=on. Against this background the Committee reiterates its request to the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. Cooperation between employers and workers. The Committee notes the information provided in reply to its previous comments indicating that the relevant inspection bodies comprise representatives of employers’ and workers’ organizations, and that these organizations also participate in common awareness programmes and in the Tripartite Consultative Commission. The Committee notes that this information does not relate to the provisions requiring measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers, and to describe the arrangements whereby this cooperation is ensured.

Article 8. Two or more employers undertaking activities simultaneously at one workplace. The Committee notes that the Government refers to the Standard Disciplinary Rules (Instruction No. 17 of 1987) in its response but notes that this legislation does not give effect to the provisions of this Article. The Committee reiterates its request to the Government to take the necessary steps to give effect to the provisions of this Article.

Article 10. A worker’s right and duty to participate in ensuring safe working conditions. The Committee notes that the Government yet again refers to the Occupational Safety and Health Instruction No. 22 of 1987, and that no new information has been provided. The Committee recalls again that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all workers. The Committee therefore reiterates its request to the Government to indicate which provisions lay down the right and duty of workers to participate in ensuring safe working conditions and to express views on working procedures.

Article 12. Right to removal. The Committee notes the Government’s indication that effect is given to this Article of the Convention in current legislation, and that no further details are provided. The Committee requests the Government to indicate the national laws and regulations which provide workers with the right to remove themselves when they believe that there is serious danger, and the duty to inform their supervisor; and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 18(1) and (2). Work at heights and roof work. The Committee notes the reference made to section 5(30) of the Occupational Safety and Health Instruction No. 22 of 1987, and observes that this provision is general in nature. The Committee again reminds the Government that according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against workers inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19(a), (b), (d) and (e). Excavations, shafts, earthworks, underground works and tunnels. The Committee notes that the Government refers to existing legislation as well as to provisions to be contained in the new legislation under consideration. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will give full effect to these provisions of the Convention and ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). Adequate ventilation at workplaces. The Committee notes the reference made to the Instruction on the National Occupational Safety and Health Centre No. 3 of 2009 to ensure compliance with this Article of the Convention, and notes that the subject matter in this Article is not regulated therein. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations prescribe for adequate ventilation at all workplaces in accordance with this Article of the Convention.

Article 24. Demolition. The Committee notes the information that its previous comments will be taken into account in the new legislation under consideration including specific draft instructions covering demolition work and disposal of waste. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will prescribe precautions, methods and procedures that must be adopted when demolition work is done, including those for the disposal of waste or residues, and measures ensuring that work shall be planned and undertaken only under the supervision of a competent person. The Committee would also be grateful for any information on precautions taken in this context for the handling of construction material containing asbestos fibres.

Article 26(1). Competent persons handling the construction, installation and maintenance of electrical equipment and installations. The Committee notes that the Government yet again refers to section 5(12) of the Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes again, however, that these provisions make no reference to the construction, installation and maintenance of electrical equipment and installations by competent persons. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will require that electrical equipment and installations be constructed, installed and maintained by competent persons.

Article 26(2) and (3). Guards and protection against electrical cables. The Committee notes the reference made to section 5(12) of the Occupational Safety and Health Instruction No. 22 of 1987 which, however, is general in nature. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will specifically prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electrical cables and apparatus on or near the site so as to guard against any danger. The Government is also requested to develop technical rules and standards that apply nationwide to the laying and maintenance of electrical cables.

Article 27. Explosives. The Committee notes the reference made to section 5(18) of the Occupational Safety and Health Instruction No. 22 of 1987, which does not give full effect to this Article of the Convention. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28(1). Prevention measures for exposure of workers to health hazards. The Committee notes the reference made by the Government to instructions allegedly giving effect to this provision and notes that the national legislation in question was not made available to the Committee. The Committee requests the Government to submit the referenced legislation, and, as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 28(2). Prevention measures for chemical, physical and biological hazards and replacement of hazardous substances by harmless or less hazardous substances, wherever possible. The Committee notes the Government’s indication that the relevant national legislation includes the Occupational Safety and Health Instruction No. 22 of 1987 and the Instruction No. 4 of 1989 on the storage and handling of chemicals, the text of which has not been made available to the Committee. The Committee also notes the reference made, without any further details, to the new Labour Code. The Committee requests the Government to submit copies of relevant legislation and as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 28(3). Prevention measures for certain hazards. The Committee notes the Government’s indication that the prevention against certain hazards is contained in national legislation, including Occupational Safety and Health Instruction No. 22 of 1987, Act No. 71 of 1978, and the new Labour Code; and in the duties of the National Occupational Safety and Health Centre. The Committee requests the Government to submit a copy of Act No. 71 of 1978; provide further details regarding the relevant sections in the other legislation referred to; and as appropriate, take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 30(2). Use of protective equipment. The Government refers to the Occupational Safety and Health Instruction No. 22 of 1987 without providing any further details. The Committee requests the Government to specify how effect is given to the requirement that employers satisfy themselves that workers use their individual protective equipment properly, and, as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 30(3). Compliance with standards for protective equipment. The Committee notes the reference made to consultations to be made with the National Occupational Safety and Health Centre. The Committee requests the Government to specify if the National Occupational Safety and Health Centre is required to develop standards for protective equipment which take into account, as far as possible, ergonomic principles.

Article 34. Reporting of accidents and diseases. The Committee notes that the Government has again referred to the Occupational Safety and Health Instruction No. 22 of 1987 without providing any further details. The Committee reiterates that national laws or regulations must provide for the reporting, to the competent authority, of occupational accidents and diseases within a prescribed period of time. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification of occupational accidents and diseases to the competent authority, and to specify the prescribed time limit for this notification.

The Committee also notes the information provided by the Government indicating that the Committee’s previous comments, as regards the following Articles, will be taken into account in the new legislation under consideration:

–      Article 7. Measures to ensure that self-employed persons comply with prescribed safety and health measures at the workplace.

–      Article 9. Taking into account the safety and health of the construction workers in the design and planning of a construction project.

–      Article 11(a), (b) and (d). Workers’ duty to cooperate; to take care of the safety and health of other persons; and to report situations likely to present a risk;

–      Article 13(2) and (3). Safety at workplaces.

–      Article 14. Scaffolds and ladders;

–      Article 15(1)(a)–(d). Lifting appliances and gear;

–      Articles 15(1)(e), 16(1)(d), and 17(1)(d). Required training of workers for the handling of equipment;

–      Article 16(1)(a), (b) and (c), and (2). Transport, earth moving and materials-handling equipment;

–      Article 17(1) and (2). Plant, machinery equipment and hand tools;

–      Article 20. Cofferdams and caissons;

–      Article 21. Work in compressed air;

–      Article 22(1) and (3). Erection of structural frames and formwork; and

–      Article 23. Work over water.

Part VI of the report form. Application in practice. The Committee notes the Government’s indication that, due to the national security situation in the country, statistics are not available. The Committee would however, request that the Government provide a general appreciation of the manner in which the Convention is applied in the country based on available information including, in particular, any available information on the number of occupational accidents and diseases reported.

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

The Committee notes with interest the detailed report submitted by the Government on the application of this Convention, including information on effect given to Articles 17(3), 29(1)(c), 31, and 32(3) of the Convention. It also notes the information that the national review of occupational safety and health legislation, including the development of instructions for occupational safety and health in construction and buildings, is still under way. The Committee welcomes the information regarding the further development and reorganization of the National Occupational Safety and Health Centre by Instruction No. 3 of 2009. The Committee requests the Government to transmit copies of relevant legislation as soon as it has been adopted and expresses the firm hope that the proposed legislation will take into account the following specific comments.

Article 2. Definitions. The Committee notes the Government’s indication that the terms “construction”, “construction site”, “workplace”, “competent person”, “scaffold”, “lifting appliance” and “lifting gear” have been defined in conformity with the Convention, but that no further specific reference to legislation is provided. The Government is requested to provide the legislative reference to these definitions in its next report.

Article 4. Methods to ensure application in practice. The Committee notes the information that the Government has set up a unified inspection body for vocation and training activities, and social security and occupational safety, and that a department for occupational safety and health has been created in order to monitor measures implemented under the work programmes based on the labour inspectors’ assessment of health and safety hazards. The Committee welcomes this development, but reiterates its request to the Government to specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector; and to provide examples of work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited.

Article 5. Use of technical standards and of standards adopted by recognized international organizations in the field of standardization. The Committee notes that the Government refers to the Standard Disciplinary Rules (Instruction No. 17 of 1987) in its reply, but notes that the subject matter of these rules relates to the organization of work and not to the use of technical standards, and of standards adopted by recognized international organizations in the field of standardization, which is the object and purpose of the present Article of the Convention. Given the technical complexities involved in construction, it is common practice to collect relevant standards in codes of practice recommended for use for different types of construction sites. It is also common practice to make use of the collective technical knowledge emanating from international organizations in the field of standardization such as the International Organization for Standardization. See, inter alia, www.iso.org/iso/search.htm?qt=Construction
&searchSubmit=Search&sort=rel&type=simple&published=on. Against this background the Committee reiterates its request to the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. Cooperation between employers and workers. The Committee notes the information provided in reply to its previous comments indicating that the relevant inspection bodies comprise representatives of employers’ and workers’ organizations, and that these organizations also participate in common awareness programmes and in the Tripartite Consultative Commission. The Committee notes that this information does not relate to the provisions requiring measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers, and to describe the arrangements whereby this cooperation is ensured.

Article 8. Two or more employers undertaking activities simultaneously at one workplace. The Committee notes that the Government refers to the Standard Disciplinary Rules (Instruction No. 17 of 1987) in its response but notes that this legislation does not give effect to the provisions of this Article. The Committee reiterates its request to the Government to take the necessary steps to give effect to the provisions of this Article.

Article 10. A worker’s right and duty to participate in ensuring safe working conditions. The Committee notes that the Government yet again refers to the Occupational Safety and Health Instruction No. 22 of 1987, and that no new information has been provided. The Committee recalls again that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all workers. The Committee therefore reiterates its request to the Government to indicate which provisions lay down the right and duty of workers to participate in ensuring safe working conditions and to express views on working procedures.

Article 12. Right to removal. The Committee notes the Government’s indication that effect is given to this Article of the Convention in current legislation, and that no further details are provided. The Committee requests the Government to indicate the national laws and regulations which provide workers with the right to remove themselves when they believe that there is serious danger, and the duty to inform their supervisor; and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 18, paragraphs 1 and 2. Work at heights and roof work. The Committee notes the reference made to section 5(30) of the Occupational Safety and Health Instruction No. 22 of 1987, and observes that this provision is general in nature. The Committee again reminds the Government that according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against workers inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19, subparagraphs (a), (b), (d) and (e). Excavations, shafts, earthworks, underground works and tunnels. The Committee notes that the Government refers to existing legislation as well as to provisions to be contained in the new legislation under consideration. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will give full effect to these provisions of the Convention and ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19, subparagraph (c). Adequate ventilation at workplaces. The Committee notes the reference made to the Instruction on the National Occupational Safety and Health Centre No. 3 of 2009 to ensure compliance with this Article of the Convention, and notes that the subject matter in this Article is not regulated therein. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations prescribe for adequate ventilation at all workplaces in accordance with this Article of the Convention.

Article 24. Demolition. The Committee notes the information that its previous comments will be taken into account in the new legislation under consideration including specific draft instructions covering demolition work and disposal of waste. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will prescribe precautions, methods and procedures that must be adopted when demolition work is done, including those for the disposal of waste or residues, and measures ensuring that work shall be planned and undertaken only under the supervision of a competent person. The Committee would also be grateful for any information on precautions taken in this context for the handling of construction material containing asbestos fibres.

Article 26, paragraph 1. Competent persons handling the construction, installation and maintenance of electrical equipment and installations. The Committee notes that the Government yet again refers to section 5(12) of the Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes again, however, that these provisions make no reference to the construction, installation and maintenance of electrical equipment and installations by competent persons. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will require that electrical equipment and installations be constructed, installed and maintained by competent persons.

Article 26, paragraphs 2 and 3. Guards and protection against electrical cables. The Committee notes the reference made to section 5(12) of the Occupational Safety and Health Instruction No. 22 of 1987 which, however, is general in nature. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will specifically prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electrical cables and apparatus on or near the site so as to guard against any danger. The Government is also requested to develop technical rules and standards that apply nationwide to the laying and maintenance of electrical cables.

Article 27. Explosives. The Committee notes the reference made to section 5(18) of the Occupational Safety and Health Instruction No. 22 of 1987, which does not give full effect to this Article of the Convention. The Committee hopes that the Government takes the necessary steps to ensure that the forthcoming legislation will provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28, paragraph 1. Prevention measures for exposure of workers to health hazards. The Committee notes the reference made by the Government to instructions allegedly giving effect to this provision and notes that the national legislation in question was not made available to the Committee. The Committee requests the Government to submit the referenced legislation, and, as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 28, paragraph 2. Prevention measures for chemical, physical and biological hazards and replacement of hazardous substances by harmless or less hazardous substances, wherever possible. The Committee notes the Government’s indication that the relevant national legislation includes the Occupational Safety and Health Instruction No. 22 of 1987 and the Instruction No. 4 of 1989 on the storage and handling of chemicals, the text of which has not been made available to the Committee. The Committee also notes the reference made, without any further details, to the new Labour Code. The Committee requests the Government to submit copies of relevant legislation and as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 28, paragraph 3. Prevention measures for certain hazards. The Committee notes the Government’s indication that the prevention against certain hazards is contained in national legislation, including Occupational Safety and Health Instruction No. 22 of 1987, Act No. 71 of 1978, and the new Labour Code; and in the duties of the National Occupational Safety and Health Centre. The Committee requests the Government to submit a copy of Act No. 71 of 1978; provide further details regarding the relevant sections in the other legislation referred to; and as appropriate, take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 30, paragraph 2. Use of protective equipment. The Government refers to the Occupational Safety and Health Instruction No. 22 of 1987 without providing any further details. The Committee requests the Government to specify how effect is given to the requirement that employers satisfy themselves that workers use their individual protective equipment properly, and, as appropriate, to take the Committee’s previous comments into account in the context of the development of the new legislation.

Article 30, paragraph 3. Compliance with standards for protective equipment. The Committee notes the reference made to consultations to be made with the National Occupational Safety and Health Centre. The Committee requests the Government to specify if the National Occupational Safety and Health Centre is required to develop standards for protective equipment which take into account, as far as possible, ergonomic principles.

Article 34. Reporting of accidents and diseases. The Committee notes that the Government has again referred to the Occupational Safety and Health Instruction No. 22 of 1987 without providing any further details. The Committee reiterates that national laws or regulations must provide for the reporting, to the competent authority, of occupational accidents and diseases within a prescribed period of time. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification of occupational accidents and diseases to the competent authority, and to specify the prescribed time limit for this notification.

The Committee also notes the information provided by the Government indicating that the Committee’s previous comments, as regards the following Articles, will be taken into account in the new legislation under consideration:

–           Article 7. Measures to ensure that self-employed persons comply with prescribed safety and health measures at the workplace.

–           Article 9. Taking into account the safety and health of the construction workers in the design and planning of a construction project.

–           Article 11(a), (b) and (d). Workers’ duty to cooperate; to take care of the safety and health of other persons; and to report situations likely to present a risk.

–           Article 13(2) and (3). Safety at workplaces.

–           Article 14. Scaffolds and ladders.

–           Article 15(1)(a)–(d). Lifting appliances and gear.

–           Articles 15(1)(e), 16(1)(d), and 17(1)(d). Required training of workers for the handling of equipment.

–           Article 16(1)(a), (b) and (c), and (2). Transport, earth moving and materials-handling equipment.

–           Article 17(1) and (2). Plant, machinery equipment and hand tools.

–           Article 20. Cofferdams and caissons.

–           Article 21. Work in compressed air.

–           Article 22(1) and (3). Erection of structural frames and formwork.

–           Article 23. Work over water.

Part VI of the report form. Application in practice. The Committee notes the Government’s indication that, due to the national security situation in the country, statistics are not available. The Committee would however, request that the Government provide a general appreciation of the manner in which the Convention is applied in the country based on available information including, in particular, any available information on the number of occupational accidents and diseases reported.

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

The Committee notes the information provided by the Government in its report that the new draft Code to protect against ionizing radiation had not yet been finalized, that consultations on this subject matter are ongoing between the Ministries of Health, Environment and Labour, and that this Act will be transmitted as soon as it has been adopted. The Committee notes the information that the Centre for Radiation Protection has been upgraded to the level of General Directorate by virtue of Act No. 37 of 2007, which seems to indicate that increased attention is given to the question of radiation protection. The Committee also notes that the Government yet again refers to Recommendations, Circulars and other communications issued by the Radiation Protection Centre but that these communications were not made available to the Committee and that no further information was provided as to their legal status. Subject to the above, the Committee notes that no further relevant information has been provided regarding the application of the Convention. The Committee hopes that the referenced draft legislation will soon be finalized and reiterates its request that the Government transmits a copy of this legislation as soon as it has been adopted. It expresses the firm hope that the proposed legislation will take into account the specific comments the Committee has made for a number of years which read as follows:

Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3(1), Article 5 and Article 6(2) of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the Labour Code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17–19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13, subparagraph (a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

With reference to its previous comments, the Committee recalls that, under Article 2(1) of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

Finally, the Committee once again draws the Government’s attention to paragraphs 16–27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

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

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

The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on the matters raised since 1996 concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

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

With reference to the Government’s most recent report and the Committee’s previous comments, the Committee welcomes the submission of Instructions No. 3 regarding the National Centre for Occupational Health and Safety but notes that the referenced Act No. 8 of 2006 upgrading the National Centre for Occupational Health and Safety has not yet been made available to the Committee. The Committee requests the Government to supply copies of all relevant pieces of legislation including referenced draft legislation as soon as they have been adopted.

Article 10 of the Convention. Maintaining a comfortable and steady temperature in all premises used by workers. The Committee notes that no new information is provided as regards the application of this Article of the Convention and that the draft instruction are still under consideration. It therefore reiterates its request to the Government to send copies of the referenced draft instructions as soon as they have been adopted.

Article 12. Provision of drinking water at workplaces. The Committee notes that the Government indicates that draft instructions concerning the supply of drinking water at workplaces have been included in a draft Occupational Safety and Health Act, but that this Act has not yet been adopted. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

Article 14. Provision of suitable seats in offices and other workplaces. The Committee notes that the Government indicates that there were ongoing consultations between the social partners to ensure sufficient and suitable seats for workers. The Committee requests the Government to provide information on the outcome of these consultations and on measures which have been taken to ensure that sufficient and suitable seats are supplied for workers.

Article 16. Underground and windowless working premises. The Committee notes that the Government indicates that draft instructions concerning underground and windowless working premises have been included in a draft Occupational Safety and Health Act, but that this Act has not yet been adopted. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

Part IV of the report form. Application in practice. The Committee notes the intention of the Government to submit inspection reports, but that no such inspection reports were in fact made available to the Committee. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including extracts of reports on the activities of the inspection services.

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

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

The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on the matters raised since 1997 concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its 1993 report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988, concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data “to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action”. The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

Article 5. The Committee notes the information provided in the Government’s report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

Part IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under Part IV of the report form concerning the practical application of the Convention and, in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

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

The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on its previous comment concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee:

Article 4 of the Convention. In its previous comments, the Committee noted the provisions of the Labour Code which establish the general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and protective measures. In a previous report, the Government indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they were adopted. The Committee notes that the Government has not yet provided any technical instructions respecting noise and exposure limits to air pollution. It hopes that specific measures concerning air pollution and noise will be adopted and forwarded to the Office in the near future and that they will give full effect to the Convention, and particularly to Articles 6, 7, 8, 9, 10, 11, 13 and 15.

The Committee notes with interest Instruction No. 4 (1993) respecting occupational health and the protection of workers against vibration. It notes that the Instruction gives partial effect to Articles 6(1), 7(1), 8, 9, 10, 11(1), 13(b) and 16(a).

Article 11, paragraph 1. However, the Committee notes that section I(1) and (2) of Instruction No. 4 provide for the organization of a pre-assignment medical examination and periodical examinations every six months of the health of workers assigned to work exposing them to vibration. The Committee recalls that, in accordance with Article 11(1) supervision must be provided for workers exposed or liable to be exposed to occupational hazards due to vibration. It requests the Government to indicate whether workers liable to be exposed to vibration are also subject to medical examination.

The Committee also wishes to draw the Government’s attention to the application of the following provisions:

Article 5. The Committee requests the Government to describe the procedures followed for consulting the most representative organizations of employers and workers concerned and for ensuring the collaboration of employers’ and workers’ representatives and to accompany inspectors.

Article 6, paragraph 2. The Committee requests the Government to provide particulars of any general procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 11, paragraphs 2, 3 and 4. The Committee noted in its previous comments the statement made in a Government report that periodical medical examinations are provided free of cost. The Government is requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of charge to the workers concerned. Furthermore, the Committee requests the Government to indicate the measures taken to provide workers, whose continued assignment to a job is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. The Committee once again requests the Government to indicate the measures taken to ensure that the use of certain processes, substances, machinery and equipment, to be specified, must be notified to the competent authority which, as appropriate, may authorize their use on prescribed conditions or prohibit it.

The Committee requests the Government to provide a copy of the Law (No. 28) respecting the National Occupational Health and Safety Commission as well as of any other new relevant legislation.

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

Article 7 of the Convention. Statistical information with regard to lead poisoning among working painters. The Committee notes that in response to its request for information regarding the practical application of the Convention including statistical data related thereto, the Government indicates that, according to available statistics from the labour inspectorate, no worker has been exposed to lead poisoning in the most recent reporting period, but that the Government had requested statistical information from the Ministry of Health regarding possible cases of lead poisoning reported to them. Against this background, the Committee requests the Government to continue to provide further statistical information with regard to lead poisoning among working painters as it becomes available.

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

The Committee notes the information provided by the Government in its report that a new draft Code to protect against ionizing radiation had been drafted and had been submitted to the relevant ministries for consultation by letter of 11 April 2007. The Committee welcomes this progress and requests the Government to transmit a copy of this legislation as soon as it has been adopted. It expresses the firm hope that the proposed legislation will take into account the specific comments the Committee has made for a number of years which read as follows:

Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the Labour Code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

Finally, the Committee once again draws the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

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

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee notes the information provided by the Government that, in addition to previously referenced legislation, measures to give effect to the Convention include Act No. 8 of 2006 upgrading the National Centre for Occupational Health and Safety to a general directorate within the Ministry, as well as new instructions issued by virtue of Public Health Act No. 89 of 1981. It is not clear to the Committee whether these new instructions are those referred to in previous reports as intended to give effect to Articles 10, 12 and 16 of the Convention. The Committee notes that the newly adopted legislation has not been available to the Committee and it requests the Government to supply copies of this and all other relevant pieces of legislation as soon as they have been adopted. The Committee again draws the Government’s attention to the fact that specific guidelines or directives must be adopted to give effect to the provisions of Convention No. 120. It hopes that the Government will indicate in its next report the progress achieved in this respect.

The Committee notes that no further information has been provided as regards other issues addressed in its previous comments which read as follows:

Article 10. In its previous comments, the Committee noted that section 5(2) of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning, must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions on the subject are being prepared in conformity with Law No. 89 of 1981 on Public Health and section 5(2) of the above Instructions. The Committee notes the Government’s information that new detailed directives have been prepared on this subject. The Committee hopes that these new directives cover all the premises used by workers and that they take into account the suggestions made in Part VI of Recommendation No. 120. It requests the Government to supply copies of these instructions as soon as they have been adopted.

Article 12. The Committee notes that detailed directives have been prepared on the general requirements which must be met by enterprises. It hopes that these directives contain provisions ensuring the supply of drinking water at all workplaces. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

Article 14. In its previous comment, the Committee noted that section 5(2) of Instructions No. 22, which provides that appropriate premises equipped with seats and beds must be placed at the disposal of workers for resting and taking their meals. It therefore requested the Government to provide additional information on the measures taken to ensure that workers are supplied with sufficient and suitable seats in offices and other workplaces and that they are given reasonable opportunities of using them. The Committee notes that the Government’s report does not contain additional information on this point. It therefore requests the Government once again to provide information on the measures which have been taken or are envisaged to ensure that sufficient and suitable seats are supplied for workers.

Article 16. The Committee once again notes that the Government refers to section 5(19) of Instructions No. 22 of 1987 requiring workplaces to comply with hygiene standards, including the hygiene conditions which must be met by ventilation and lighting. The Committee recalls that these provisions are not intended in particular for underground or similar premises. However, the Committee notes that detailed directives have been prepared on this subject. It hopes that the new directives set specific requirements for underground or windowless premises and, in particular, are in conformity with Article 16 and Part XIII of Recommendation No. 120, which provides that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation. The Committee requests the Government to provide copies of these directives as soon as they have been adopted.

Finally, the Committee notes from the information provided by the Government in its report that inspectors working in the field of safety and health are obliged to draw up and sign reports on violations of the legislation. The Committee would be grateful if the Government would provide extracts of reports on the activities of the inspection services illustrating the manner in which the Convention is applied in practice.

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

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee notes the information provided by the Government in its report that new legislation, including revised occupational safety and health provisions in the Labour Code as well as instructions for occupational safety and health in construction and buildings was being prepared. The Committee welcomes this progress and requests the Government to transmit copies of this and any other relevant legislation as soon as it has been adopted to enable the Committee to evaluate how the Convention is applied in the country. It expresses the firm hope that the proposed legislation will take into account the specific comments the Committee has made for a number of years which read as follows:

Article 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: “construction”, “construction site”, “workplace”, “competent person”, “scaffold”, “lifting appliance” and “lifting gear”.

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that “labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility”, no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7. The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8II of the Code defining the worker as “anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision”, the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has the right to remove himself from danger when he believes that there is serious danger, and the duty so to inform his supervisor, and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4III(a) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It reminds the Government that, according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against their inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19(a), (b), (d) and (e). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnels. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations. The Committee requests the Government to take the adequate measures to ensure that the levels of exposure to fumes, gases, vapours, dust or other impurities are maintained at levels which are not dangerous or injurious to health and are within the limits laid down by national legislation.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28, paragraph 1. The Committee notes the general provisions of section 108I(a) and (b), II of the Labour Code. It notes that, under section 108II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

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

[The Government is asked to reply in detail to the present comments in 2009.]

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:

1. Article 4(b) of the Convention. The Committee notes the Government’s statement in its report to the effect that new directives have been prepared to give effect to the provisions of the Hygiene (Commerce and Offices), Recommendation, 1964 (No. 120), with reference to Articles 10, 12 and 16. It hopes that the Government will make every effort to ensure that these directives are adopted in the near future. It requests the Government to supply copies of the directives as soon as they have been adopted. In this respect, the Committee draws the Government’s attention to the fact that specific guidelines or directives must be adopted to give effect to the provisions of Recommendation No. 120. It hopes that the Government will indicate in its next report the progress achieved in this respect.

2. Article 10. In its previous comments, the Committee noted that section 5(2) of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning, must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions on the subject are being prepared in conformity with Law No. 89 of 1981 on Public Health and section 5(2) of the above Instructions. The Committee notes the Government’s information that new detailed directives have been prepared on this subject. The Committee hopes that these new directives cover all the premises used by workers and that they take into account the suggestions made in Part VI of Recommendation No. 120. It requests the Government to supply copies of these instructions as soon as they have been adopted.

3. Article 12. The Committee notes that detailed directives have been prepared on the general requirements which must be met by enterprises. It hopes that these directives contain provisions ensuring the supply of drinking water at all workplaces. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

4. Article 14. In its previous comment, the Committee noted that section 5(2) of Instructions No. 22, which provides that appropriate premises equipped with seats and beds must be placed at the disposal of workers for resting and taking their meals. It therefore requested the Government to provide additional information on the measures taken to ensure that workers are supplied with sufficient and suitable seats in offices and other workplaces and that they are given reasonable opportunities of using them. The Committee notes that the Government’s report does not contain additional information on this point. It therefore requests the Government once again to provide information on the measures which have been taken or are envisaged to ensure that sufficient and suitable seats are supplied for workers.

5. Article 16. The Committee once again notes that the Government refers to section 5(19) of Instructions No. 22 of 1987 requiring workplaces to comply with hygiene standards, including the hygiene conditions which must be met by ventilation and lighting. The Committee recalls that these provisions are not intended in particular for underground or similar premises. However, the Committee notes that detailed directives have been prepared on this subject. It hopes that the new directives set specific requirements for underground or windowless premises and, in particular, are in conformity with Article 16 and Part XIII of Recommendation No. 120, which provides that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation. The Committee requests the Government to provide copies of these directives as soon as they have been adopted.

6. Finally, the Committee notes from the information provided by the Government in its report that inspectors working in the field of safety and health are obliged to draw up and sign reports on violations of the legislation. The Committee would be grateful if the Government would provide extracts of reports on the activities of the inspection services illustrating the manner in which the Convention is applied in practice.

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 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: “construction”, “construction site”, “workplace”, “competent person”, “scaffold”, “lifting appliance” and “lifting gear”.

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108 II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that “labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility”, no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7. The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8 II of the Code defining the worker as “anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision”, the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has the right to remove himself from danger when he believes that there is serious danger, and the duty so to inform his supervisor, and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4(III(a)) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to the these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It reminds the Government that, according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against their inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19(a), (b), (d) and (e). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnels. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations. The Committee requests the Government to take the adequate measures to ensure that the levels of exposure to fumes, gases, vapours, dust or other impurities are maintained at levels which are not dangerous or injurious to health and are within the limits laid down by national legislation.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28, paragraph 1. The Committee notes the general provisions of section 108 I(a) and (b), II of the Labour Code. It notes that, under section 108 II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4 III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

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

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 7 of the Convention. The Committee notes the Government’s indication to the effect that it does not dispose of any statistics concerning the lead poisoning among working painters for the period ending 30 June 1999. For a number of years, the Committee has been recalling to the Government that Article 7 of the Convention requires the establishment of statistics on lead poisoning among working painters. In this respect, the Committee once again refers to section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers, according to which cases of lead poisoning shall be reported and statistics kept. The Committee notes the Government’s indication that cases of lead poisoning must be notified to the Labour Inspectorate, and the Ministry of Health is the competent authority responsible for keeping statistics concerning the morbidity and the mortality of working painters due to lead poisoning. The Committee, taking note of this information supplied by the Government in its report, requests the Government to indicate the measures taken or envisaged to establish statistics on lead poisoning of working painters, as required under section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers.

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

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

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:

1. Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

2. As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

3. Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the Labour Code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

4. Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

5. Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

6. With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

7. Finally, the Committee once again draws the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

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 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 Occupational Safety and Health Directive No. 4 of 1993, as amended, protecting workers from vibrations, issued under Article 18 of the Convention, intended to reduce the harmful effects of vibrations on workers.

1. Article 4(b) of the Convention. The Committee notes with interest the Government’s statement in its report to the effect that new directives have been prepared to give effect to the provisions of the Hygiene (Commerce and Offices), Recommendation, 1964 (No. 120), with reference to Articles 10, 12 and 16. It hopes that the Government will make every effort to ensure that these directives are adopted in the near future. It requests the Government to supply copies of the directives as soon as they have been adopted. In this respect, the Committee draws the Government’s attention to the fact that specific guidelines or directives must be adopted to give effect to the provisions of Recommendation No. 120. It hopes that the Government will indicate in its next report the progress achieved in this respect.

2. Article 10. In its previous comments, the Committee noted that section 5(2) of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning, must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions on the subject are being prepared in conformity with Law No. 89 of 1981 on Public Health and section 5(2) of the above Instructions. The Committee notes the Government’s information that new detailed directives have been prepared on this subject. The Committee hopes that these new directives cover all the premises used by workers and that they take into account the suggestions made in Part VI of Recommendation No. 120. It requests the Government to supply copies of these instructions as soon as they have been adopted.

3. Article 12. The Committee notes that detailed directives have been prepared on the general requirements which must be met by enterprises. It hopes that these directives contain provisions ensuring the supply of drinking water at all workplaces. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

4. Article 14. In its previous comment, the Committee noted that section 5(2) of Instructions No. 22, which provides that appropriate premises equipped with seats and beds must be placed at the disposal of workers for resting and taking their meals. It therefore requested the Government to provide additional information on the measures taken to ensure that workers are supplied with sufficient and suitable seats in offices and other workplaces and that they are given reasonable opportunities of using them. The Committee notes that the Government’s report does not contain additional information on this point. It therefore requests the Government once again to provide information on the measures which have been taken or are envisaged to ensure that sufficient and suitable seats are supplied for workers.

5. Article 16. The Committee once again notes that the Government refers to section 5(19) of Instructions No. 22 of 1987 requiring workplaces to comply with hygiene standards, including the hygiene conditions which must be met by ventilation and lighting. The Committee recalls that these provisions are not intended in particular for underground or similar premises. However, the Committee notes that detailed directives have been prepared on this subject. It hopes that the new directives set specific requirements for underground or windowless premises and, in particular, are in conformity with Article 16 and Part XIII of Recommendation No. 120, which provides that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation. The Committee requests the Government to provide copies of these directives as soon as they have been adopted.

6. Finally, the Committee notes from the information provided by the Government in its report that inspectors working in the field of safety and health are obliged to draw up and sign reports on violations of the legislation. The Committee would be grateful if the Government would provide extracts of reports on the activities of the inspection services illustrating the manner in which the Convention is applied in practice.

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

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 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: “construction”, “construction site”, “workplace”, “competent person”, “scaffold”, “lifting appliance” and “lifting gear”.

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108 II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that “labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility”, no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7.  The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8 II of the Code defining the worker as “anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision”, the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has the right to remove himself from danger when he believes that there is serious danger, and the duty so to inform his supervisor, and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4(III(a)) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to the these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It reminds the Government that, according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against their inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19(a), (b), (d) and (e). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnels. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations. The Committee requests the Government to take the adequate measures to ensure that the levels of exposure to fumes, gases, vapours, dust or other impurities are maintained at levels which are not dangerous or injurious to health and are within the limits laid down by national legislation.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28, paragraph 1. The Committee notes the general provisions of section 108 I(a) and (b), II of the Labour Code. It notes that, under section 108 II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4 III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

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

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

Article 7 of the Convention. The Committee notes the Government’s indication to the effect that it does not dispose of any statistics concerning the lead poisoning among working painters for the period ending 30 June 1999. For a number of years, the Committee has been recalling to the Government that Article 7 of the Convention requires the establishment of statistics on lead poisoning among working painters. In this respect, the Committee once again refers to section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers, according to which cases of lead poisoning shall be reported and statistics kept. The Committee notes the Government’s indication that cases of lead poisoning must be notified to the Labour Inspectorate, and the Ministry of Health is the competent authority responsible for keeping statistics concerning the morbidity and the mortality of working painters due to lead poisoning. The Committee, taking note of this information supplied by the Government in its report, requests the Government to indicate the measures taken or envisaged to establish statistics on lead poisoning of working painters, as required under section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers.

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

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

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

The Committee notes the information contained in the Government’s report. It notes that the report does only contain a few new elements in reply to comments it has been made since 1992. The Committee is therefore bound to draw again the Government’s attention to the following points.

1. Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the labour code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

2. With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, of this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

3. Finally, the Committee calls once again the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

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

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

1. 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:

The Committee notes the Occupational Safety and Health Directive No. 4 of 1993, as amended, protecting workers from vibrations, issued under Article 18 of the Convention, intended to reduce the harmful effects of vibrations on workers.

1. Article 4(b) of the Convention. The Committee notes with interest the Government’s statement in its report to the effect that new directives have been prepared to give effect to the provisions of the Hygiene (Commerce and Offices), Recommendation, 1964 (No. 120), with reference to Articles 10, 12 and 16. It hopes that the Government will make every effort to ensure that these directives are adopted in the near future. It requests the Government to supply copies of the directives as soon as they have been adopted. In this respect, the Committee draws the Government’s attention to the fact that specific guidelines or directives must be adopted to give effect to the provisions of Recommendation No. 120. It hopes that the Government will indicate in its next report the progress achieved in this respect.

2. Article 10. In its previous comments, the Committee noted that section 5(2) of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning, must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions on the subject are being prepared in conformity with Law No. 89 of 1981 on Public Health and section 5(2) of the above Instructions. The Committee notes the Government’s information that new detailed directives have been prepared on this subject. The Committee hopes that these new directives cover all the premises used by workers and that they take into account the suggestions made in Part VI of Recommendation No. 120. It requests the Government to supply copies of these instructions as soon as they have been adopted.

3. Article 12. The Committee notes that detailed directives have been prepared on the general requirements which must be met by enterprises. It hopes that these directives contain provisions ensuring the supply of drinking water at all workplaces. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

4. Article 14. In its previous comment, the Committee noted that section 5(2) of Instructions No. 22, which provides that appropriate premises equipped with seats and beds must be placed at the disposal of workers for resting and taking their meals. It therefore requested the Government to provide additional information on the measures taken to ensure that workers are supplied with sufficient and suitable seats in offices and other workplaces and that they are given reasonable opportunities of using them. The Committee notes that the Government’s report does not contain additional information on this point. It therefore requests the Government once again to provide information on the measures which have been taken or are envisaged to ensure that sufficient and suitable seats are supplied for workers.

5. Article 16. The Committee once again notes that the Government refers to section 5(19) of Instructions No. 22 of 1987 requiring workplaces to comply with hygiene standards, including the hygiene conditions which must be met by ventilation and lighting. The Committee recalls that these provisions are not intended in particular for underground or similar premises. However, the Committee notes that detailed directives have been prepared on this subject. It hopes that the new directives set specific requirements for underground or windowless premises and, in particular, are in conformity with Article 16 and Part XIII of Recommendation No. 120, which provides that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation. The Committee requests the Government to provide copies of these directives as soon as they have been adopted.

6. Finally, the Committee notes from the information provided by the Government in its report that inspectors working in the field of safety and health are obliged to draw up and sign reports on violations of the legislation. The Committee would be grateful if the Government would provide extracts of reports on the activities of the inspection services illustrating the manner in which the Convention is applied in practice.

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 sent by the Government in its report.

Article 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: "construction", "construction site", "workplace", "competent person", "scaffold", "lifting appliance" and "lifting gear".

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108 II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that "labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility", no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7.  The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8 II of the Code defining the worker as "anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision", the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has the right to remove himself from danger when he believes that there is serious danger, and the duty so to inform his supervisor, and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4(III(a)) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to the these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It reminds the Government that, according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against their inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19(a), (b), (d) and (e). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnel. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28, paragraph 1. The Committee notes the general provisions of section 108 I(a) and (b), II of the Labour Code. It notes that, under section 108 II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4 III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form.  The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

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

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

Article 7 of the Convention. The Committee notes the Government’s indication to the effect that it does not dispose of any statistics concerning the lead poisoning among working painters for the period ending 30 June 1999. For a number of years, the Committee has been recalling to the Government that Article 7 of the Convention requires the establishment of statistics on lead poisoning among working painters. In this respect, the Committee once again refers to section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers, according to which cases of lead poisoning shall be reported and statistics kept. The Committee notes the Government’s indication that cases of lead poisoning must be notified to the Labour Inspectorate, and the Ministry of Health is the competent authority responsible for keeping statistics concerning the morbidity and the mortality of working painters due to lead poisoning. The Committee, taking note of this information supplied by the Government in its report, requests the Government to indicate the measures taken or envisaged to establish statistics on lead poisoning of working painters, as required under section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers.

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

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

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

The Committee notes the information supplied with the Government’s report. It notes that the report does only contain a few new elements in reply to comments it has been made since 1992. The Committee is therefore bound to draw again the Government’s attention to the following points.

1. Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the labour code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

2. With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

3. Finally, the Committee calls once again the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

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

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

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:

The Committee notes the Occupational Safety and Health Directive No. 4 of 1993, as amended, protecting workers from vibrations, issued under Article 18 of the Convention, intended to reduce the harmful effects of vibrations on workers.

1. Article 4(b) of the Convention. The Committee notes with interest the Government’s statement in its report to the effect that new directives have been prepared to give effect to the provisions of the Hygiene (Commerce and Offices), Recommendation, 1964 (No. 120), with reference to Articles 10, 12 and 16. It hopes that the Government will make every effort to ensure that these directives are adopted in the near future. It requests the Government to supply copies of the directives as soon as they have been adopted. In this respect, the Committee draws the Government’s attention to the fact that specific guidelines or directives must be adopted to give effect to the provisions of Recommendation No. 120. It hopes that the Government will indicate in its next report the progress achieved in this respect.

2. Article 10. In its previous comments, the Committee noted that section 5(2) of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning, must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions on the subject are being prepared in conformity with Law No. 89 of 1981 on Public Health and section 5(2) of the above Instructions. The Committee notes the Government’s information that new detailed directives have been prepared on this subject. The Committee hopes that these new directives cover all the premises used by workers and that they take into account the suggestions made in Part VI of Recommendation No. 120. It requests the Government to supply copies of these instructions as soon as they have been adopted.

3. Article 12. The Committee notes that detailed directives have been prepared on the general requirements which must be met by enterprises. It hopes that these directives contain provisions ensuring the supply of drinking water at all workplaces. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

4. Article 14. In its previous comment, the Committee noted that section 5(2) of Instructions No. 22, which provides that appropriate premises equipped with seats and beds must be placed at the disposal of workers for resting and taking their meals. It therefore requested the Government to provide additional information on the measures taken to ensure that workers are supplied with sufficient and suitable seats in offices and other workplaces and that they are given reasonable opportunities of using them. The Committee notes that the Government’s report does not contain additional information on this point. It therefore requests the Government once again to provide information on the measures which have been taken or are envisaged to ensure that sufficient and suitable seats are supplied for workers.

5. Article 16. The Committee once again notes that the Government refers to section 5(19) of Instructions No. 22 of 1987 requiring workplaces to comply with hygiene standards, including the hygiene conditions which must be met by ventilation and lighting. The Committee recalls that these provisions are not intended in particular for underground or similar premises. However, the Committee notes that detailed directives have been prepared on this subject. It hopes that the new directives set specific requirements for underground or windowless premises and, in particular, are in conformity with Article 16 and Part XIII of Recommendation No. 120, which provides that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation. The Committee requests the Government to provide copies of these directives as soon as they have been adopted.

6. Finally, the Committee notes from the information provided by the Government in its report that inspectors working in the field of safety and health are obliged to draw up and sign reports on violations of the legislation. The Committee would be grateful if the Government would provide extracts of reports on the activities of the inspection services illustrating the manner in which the Convention is applied in practice.

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:

The Committee notes the information contained in the Government’s report. It notes with satisfaction the Occupational Safety and Health Directive No. 4 of 1993, as amended, protecting workers from vibrations, issued under Article 18 of the Convention, intended to reduce the harmful effects of vibrations on workers.

1. Article 4(b) of the Convention. The Committee notes with interest the Government’s statement in its report to the effect that new directives have been prepared to give effect to the provisions of the Hygiene (Commerce and Offices), Recommendation, 1964 (No. 120), with reference to Articles 10, 12 and 16. It hopes that the Government will make every effort to ensure that these directives are adopted in the near future. It requests the Government to supply copies of the directives as soon as they have been adopted. In this respect, the Committee draws the Government’s attention to the fact that specific guidelines or directives must be adopted to give effect to the provisions of Recommendation No. 120. It hopes that the Government will indicate in its next report the progress achieved in this respect.

2. Article 10. In its previous comments, the Committee noted that section 5(2) of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning, must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions on the subject are being prepared in conformity with Law No. 89 of 1981 on Public Health and section 5(2) of the above Instructions. The Committee notes the Government’s information that new detailed directives have been prepared on this subject. The Committee hopes that these new directives cover all the premises used by workers and that they take into account the suggestions made in Part VI of Recommendation No. 120. It requests the Government to supply copies of these instructions as soon as they have been adopted.

3. Article 12. The Committee notes that detailed directives have been prepared on the general requirements which must be met by enterprises. It hopes that these directives contain provisions ensuring the supply of drinking water at all workplaces. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

4. Article 14. In its previous comment, the Committee noted that section 5(2) of Instructions No. 22, which provides that appropriate premises equipped with seats and beds must be placed at the disposal of workers for resting and taking their meals. It therefore requested the Government to provide additional information on the measures taken to ensure that workers are supplied with sufficient and suitable seats in offices and other workplaces and that they are given reasonable opportunities of using them. The Committee notes that the Government’s report does not contain additional information on this point. It therefore requests the Government once again to provide information on the measures which have been taken or are envisaged to ensure that sufficient and suitable seats are supplied for workers.

5. Article 16. The Committee once again notes that the Government refers to section 5(19) of Instructions No. 22 of 1987 requiring workplaces to comply with hygiene standards, including the hygiene conditions which must be met by ventilation and lighting. The Committee recalls that these provisions are not intended in particular for underground or similar premises. However, the Committee notes that detailed directives have been prepared on this subject. It hopes that the new directives set specific requirements for underground or windowless premises and, in particular, are in conformity with Article 16 and Part XIII of Recommendation No. 120, which provides that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation. The Committee requests the Government to provide copies of these directives as soon as they have been adopted.

6. Finally, the Committee notes from the information provided by the Government in its report that inspectors working in the field of safety and health are obliged to draw up and sign reports on violations of the legislation. The Committee would be grateful if the Government would provide extracts of reports on the activities of the inspection services illustrating the manner in which the Convention is applied in practice.

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:

The Committee notes that the brief information supplied by the Government in its report does not reply to the questions raised in its previous comments. It hopes that the next report will contain full information on the following points raised in its previous direct request.

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its 1993 report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Part IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under Part IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

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

The Committee notes the legal texts provided by the Government and wishes to draw the Government’s attention to the following points.

1. Article 4 of the Convention. In its previous comments, the Committee noted the provisions of the Labour Code which establish the general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and protective measures. In a previous report, the Government indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they were adopted. The Committee notes that the Government has not yet provided any technical instructions respecting noise and exposure limits to air pollution. It hopes that specific measures concerning air pollution and noise will be adopted and forwarded to the Office in the near future and that they will give full effect to the Convention, and particularly to Articles 6, 7, 8, 9, 10, 11, 13 and 15.

2. The Committee notes with interest Instruction No. 4 (1993) respecting occupational health and the protection of workers against vibration. It notes that the Instruction gives partial effect to Articles 6, paragraph 1, 7, paragraph 1, 8, 9, 10, 11, paragraph 1, 13(b) and 16(a).

3. However, the Committee notes that section I(1) and (2) of Instruction No.  4 provide for the organization of a pre-assignment medical examination and periodical examinations every six months of the health of workers assigned to work exposing them to vibration. The Committee recalls that, in accordance with Article 11, paragraph 1, supervision must be provided for workers exposed or liable to be exposed to occupational hazards due to vibration. It requests the Government to indicate whether workers liable to be exposed to vibration are also subject to medical examination.

4. The Committee also wishes to draw the Government’s attention to the application of the following provisions:

Article 5. The Committee requests the Government to describe the procedures followed for consulting the most representative organizations of employers and workers concerned and for ensuring the collaboration of employers’ and workers’ representatives and to accompany inspectors.

Article 6, paragraph 2. The Committee requests the Government to provide particulars of any general procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 11, paragraphs 2, 3 and 4. The Committee noted in its previous comments the statement made in a Government report that periodical medical examinations are provided free of cost. The Government is requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of charge to the workers concerned. Furthermore, the Committee requests the Government to indicate the measures taken to provide workers, whose continued assignment to a job is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. The Committee once again requests the Government to indicate the measures taken to ensure that the use of certain processes, substances, machinery and equipment, to be specified, must be notified to the competent authority which, as appropriate, may authorize their use on prescribed conditions or prohibit it.

The Committee requests the Government to provide a copy of Law No. 17 (2000) making a second amendment to the Labour Code (No. 71 of 1987), and of Law (No. 28) respecting the National Occupational Health and Safety Commission.

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

The Committee notes the information sent by the Government in its report.

Article 2 of the Convention. So that it may assess the coverage of the Convention by the national legislation, the Committee asks the Government to specify how the following terms are defined: "construction", "construction site", "workplace", "competent person", "scaffold", "lifting appliance" and "lifting gear".

Article 4. The Committee notes that, according to the Government, the safety and health hazards involved in work are assessed on the basis of on-site visits carried out by the labour inspection committees and occupational safety and health committees for projects covered by Labour Code No. 71, 1987. The Government also indicates that, for each project, a full and detailed work programme is drawn up setting out all the safety and health hazards that the work involves, from start to finish of the operations, i.e. at every phase of production. The Committee points out that, when drawing up a programme of this kind, it is important to coordinate with authorities responsible for safety at work. It notes in this connection that, according to section 108 II of the Labour Code, instructions issued, after consultation of the National Occupational Safety and Health Centre, by the Ministry of Labour and Social Affairs determine protective measures and equipment, the conditions for their use and the organization of their operation. The Committee observes that this provision of this Labour Code establishes only general measures, which take no account of the specific features of construction work and the health and safety hazards it involves for workers. Furthermore, it does not specify how the adoption and maintenance in force of laws and regulations are to be based on an assessment of safety and health hazards in the construction sector. In view of the general nature of the provisions of the Labour Code, the Committee asks the Government to provide additional information indicating how it ensures monitoring of the measures implemented under the work programmes based on the labour inspectors’ assessment of the health and safety hazards involved in the projects they have visited. The Government is also asked to provide examples of such programmes.

Article 5. The Committee observes that the information sent by the Government deals largely with the obligations of employers. It requests the Government to indicate whether technical standards, codes of practice or other methods have been adopted to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate the standards adopted by recognized international organizations in the field of standardization which have been taken into account, as required by this Article of the Convention.

Article 6. The Committee notes the provisions of sections 5 and 6 of Occupational Safety and Health Instruction No. 22 of 1987 setting out, respectively, the health and safety obligations of employers towards workers, and those of workers. The Committee notes that, other than the provision in section 5 of the Labour Code that "labour relations are based on social solidarity between the parties concerned and therefore presuppose cooperation and sharing of responsibility", no provision is made for measures to ensure cooperation between employers and workers with a view to promoting safety and health on construction sites. The Committee reminds the Government that, under this provision of the Convention, steps must be taken to ensure that there is cooperation between employers and workers in accordance with arrangements to be defined by national laws and regulations, in order to promote safety and health at construction sites. It therefore requests the Government to take the necessary steps to ensure that there is such cooperation between employers and workers. Please describe the arrangements whereby this cooperation is ensured.

Article 7.  The Committee notes the provisions requiring employers to comply with safety and health prescriptions at the workplace. It also notes that, according to the Government’s report and section 8 II of the Code defining the worker as "anyone who, in exchange for payment of a wage, carries out work in the service of an employer and under the latter’s authority and supervision", the Labour Code does not apply to self-employed workers. It therefore asks the Government to take the necessary steps to ensure that self-employed workers are required by national laws and regulations to comply with health and safety prescriptions at the workplace.

Article 8. The Committee notes that the legislation at its disposal contains no provision on the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. It requests the Government to take the necessary steps to give effect to the provisions of this Article. The Government is also asked to send to the International Labour Office a copy of Instruction No. 17 of 1987 on standard disciplinary rules, to which it referred in its report.

Article 9. The Committee notes that pursuant to the Labour Code, employers must take all necessary precautions to protect workers against work-related risks. The Committee reminds the Government that, under this Article of the Convention, national laws, regulations and practice must ensure that those concerned with the design and planning of a construction project take into account the safety and health of the construction workers. It observes that the provisions of the Labour Code to which the Government refers are general in scope, and accordingly, asks the Government to specify which provisions, if any, lay down the responsibilities of persons concerned with the design and planning of construction projects with a view to their taking account of the safety and health of the construction workers. If there are no such provisions, the Committee requests the Government to indicate the measures taken or envisaged to give effect of this Article of the Convention.

Article 10. The Committee takes note of section 4 of Occupational Safety and Health Instruction No. 22 of 1987. It observes that this provision confers responsibility for safety at work either on the worker or on a committee, depending on the size of the enterprise. The Committee recalls that, under this Article of the Convention, the right and duty to participate in ensuring safe working conditions and to express views on the working procedures adopted, apply to all work. It therefore requests the Government to indicate which provisions lay down the right and duty of workers to contribute to occupational safety and to express views on working procedures.

Article 11(a), (b) and (d). The Committee notes that workers’ duties in respect of their own safety are addressed in Health and Safety at Work Directive No. 22 of 1987, the Labour Code and Directive No. 17 of 1987. It notes, however, that the abovementioned legislation does not meet all the requirements of the Convention. For example, no provision is made for cooperation between the employer and workers in the application of the prescribed safety and health measures, or for the duty incumbent on workers to take reasonable care of the safety and health of other persons who may be affected by their acts or omissions at work, or for the duty of workers to report forthwith to their immediate supervisor or their safety representative where one exists, any situation which they believe could present a risk and which they cannot properly deal with themselves. The Committee requests the Government to take the necessary steps to ensure that workers fulfil their duties to cooperate, to take care of the safety and health of other persons and to report situations likely to present a risk.

Article 12. The Committee requests the Government to take the necessary steps to ensure that national laws or regulations provide that a worker has the right to remove himself from danger when he believes that there is serious danger, and the duty so to inform his supervisor, and that where there is an imminent danger, the employer must stop the operation and evacuate workers.

Article 13, paragraphs 2 and 3. The Committee asks the Government to indicate the provisions of national laws or regulations which ensure that safe means of access to and egress from all workplaces are provided and maintained, and indicated where appropriate; and the provisions which establish that appropriate precautions must be taken to protect persons present at, or in the vicinity of, a construction site from all risks which may arise from such site. The Committee requests the Government to take the necessary steps to secure the adoption of such provisions if they do not already exist.

Article 14. The Committee requests the Government to indicate the measures which ensure that scaffolds are suitable and safe (paragraph 1), and that ladders are suitable and sound and properly secured against inadvertent movement (paragraph 2). It also asks the Government to provide information on the national laws and regulations that govern construction and the use of scaffolds and ladders (paragraph 3). The Committee notes that, according to the Government’s report, there are general rules on inspection but no specific provisions on scaffold inspection. It therefore asks the Government to take the necessary steps to ensure that scaffolds are inspected by a competent person in all cases and at the times prescribed by national laws or regulations (paragraph 4).

Article 15, paragraph 1(a) to (d). The Committee notes section 5(30) of Occupational Safety and Health Instruction No. 22 of 1987 on lifting gear under which employers must ensure the protection of construction workers by providing them with lifting appliances, steel ropes, cranes and scaffolds. The Committee observes that no requirements are laid down regarding the design, construction, strength, installation, use, maintenance, examination and testing of lifting appliances and items of lifting gear. It therefore asks the Government to take the necessary steps to adopt provisions ensuring that lifting appliances and items of lifting gear meet the requirements laid down in this Article.

Article 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes that the Government refers to section 4(III(a)) of Occupational Safety and Health Instruction No. 22 of 1987 as giving effect to the these provisions of the Convention. The Committee observes, however, that the above legislation provides only that the person in charge of occupational safety and health is authorized to train workers in the handling of lifting appliances. The Committee requests the Government to indicate the provisions under which the appliances, machinery, plant, and equipment listed in Articles 15, 16 and 17 of the Convention must be handled by workers who have received appropriate training.

Article 16, paragraphs 1(a), (b) and (c) and 2. The Committee requests the Government to send information on the design, construction, maintenance and use of transport, earth-moving and materials-handling equipment, the provision of access ways and the organization of traffic on sites.

Article 17, paragraphs 1 and 2. The Committee notes section 6(3) of Instruction No. 22 which prohibits the repair or replacement of any part of an appliance or a machine until the latter have been stopped, and requires that all their parts and covers must have been put back under the supervision of the technician or supervisor before they may be restarted. The Committee asks the Government to provide information on the design, construction, maintenance in good working order and use of all transport, earth-moving and materials-handling equipment.

Article 17, paragraph 3. The Committee notes that the Government refers to section 5(14) of Occupational Safety and Health Instruction No. 22 of 1987 under which the safety of steam boilers and various pressure plant and their gear is to be ensured, and checks must be carried out each year by the competent or responsible bodies, which issue certificates and reports on the safety of these appliances showing the date of examination and the proposed date for the next examination, provided that the person conducting the examination is authorized to do so by the Boiler Examination Committee of the National Occupational Safety and Health Centre. The Committee again asks the Government to state whether the examination and testing of pressure plant and gear are included in this annual examination.

Article 18, paragraphs 1 and 2. The Committee notes the provisions of section 5(7), (20) and (21), of the Occupational Safety and Health Instruction No. 22 of 1987. It observes that these provisions are general in nature. It notes that, according to the Government, the relevant technical bodies retain competence for determining height and slope. It reminds the Government that, according to this Article of the Convention, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations, preventive measures must be taken against the fall of workers and tools or other objects or materials (paragraph 1); and where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, preventive measures must be taken against their inadvertently stepping on or falling through the fragile material (paragraph 2). The Committee requests the Government to take the necessary steps to ensure that national laws or regulations establish the height or slope of structures beyond which preventive measures must be taken to guard against danger, and that measures are taken to prevent workers from stepping on or falling through fragile material.

Article 19(a), (b), (d) and (e). The Committee notes section 5(21) of Occupational Safety and Health Instruction No. 22 of 1987 under which in dangerous work, employers must provide for lateral supports in order to protect workers against the risk of collapse. The Committee reminds the Government that, under this provision of the Convention, adequate precautions must be taken in any excavation, shaft, earth works, underground works or tunnel. It accordingly asks the Government to take the necessary steps to ensure the safety and health of workers by means of adequate precautions in excavations, shafts, earth works, underground works or tunnels.

Article 19(c). The Committee notes section 5(19) of Occupational Safety and Health Instruction No. 22 of 1987 requiring the provision of adequate ventilation. It observes, however, that the above provision falls short of the requirement in this Article of the Convention that adequate ventilation must be secured at every workplace so as to maintain an atmosphere fit for respiration and to limit any fumes, gases, vapours, dust or other impurities to levels which are not dangerous or injurious to health and are within limits laid down by national laws or regulations.

Article 20. Noting the Government’s statement that it is not competent to provide the information requested by the Committee of Experts under Article 20 of the Convention, the Committee observes that the Government also states that there are directives establishing how work is to be supervised. Noting that the Government does not specify which directives, the Committee points out that the requisite provisions must be comprehensive in scope. It therefore asks the Government to specify the directives mentioned in the report and to provide a copy of them so that the Committee may ascertain their conformity with the provisions of the Convention, particularly with regard to the quality of construction, soundness and strength of cofferdams and caissons, adequate means for workers to reach safety in the event of an inrush of water or material, supervision by a competent person of the construction, positioning, modification or dismantling of a cofferdam or a caisson, and the inspection of every cofferdam and caisson.

Article 21. The Committee notes that under section 5(22) of Occupational Safety and Health Instruction No. 22 of 1987 employers must require workers to undergo a medical examination prior to employment to establish their physical aptitude for the work they are to do. It notes that the above provision deals with workers’ compulsory medical examinations in general, and does not specify that a competent person must be present to supervise work carried out in compressed air. The Committee, therefore, requests the Government to take the necessary measures to ensure that work in compressed air is carried out only in accordance with the provisions of national legislation by workers whose physical aptitude has been established by medical examination, and in the presence of a competent person to supervise such work.

Article 22, paragraphs 1 and 3. The Committee requests the Government to provide information on the provisions requiring supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. The Committee requests the Government to send information on the provisions regulating work done over or in close proximity to water.

Article 24. The Committee requests the Government to describe the precautions, methods and procedures that must be adopted in accordance with national laws and regulations when demolition work is done, including those for the disposal of waste or residues. Please also indicate how it is ensured that work shall be planned and undertaken only under the supervision of a competent person.

Article 26, paragraph 1. The Committee notes section 5(12) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to ensure that workers are protected against electrical hazards. It observes, however, that these provisions make no reference to the construction, installation and maintenance by competent persons of electrical equipment and installations. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations require electrical equipment and installations to be constructed, installed and maintained by a competent person.

Article 26, paragraphs 2 and 3. The Committee requests the Government to indicate which provisions govern the construction and installation of electrical equipment and installations and prescribe measures to ascertain, before construction is commenced and during the progress thereof, the position of electric cables and apparatus on or near the site so as to guard against any danger. The Government is also asked to describe the technical rules and standards that apply nationwide to the laying and maintenance of electric cables.

Article 27. The Committee notes section 5(10) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to keep explosive substances away from sources of heat and in a separate place and to check regularly that they are in good condition. The Committee observes that these provisions deal with the storage and use of explosive substances and not their handling and transport. It therefore asks the Government to take the necessary measures to ensure that national laws or regulations provide that explosives may not be handled or transported except under the conditions prescribed in the legislation and by a competent person who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risks of injury.

Article 28, paragraph 1. The Committee notes the general provisions of section 108 I(a) and (b), II of the Labour Code. It notes that, under section 108 II, the Ministry of Labour and Social Affairs determines by instruction the protective measures and equipment and the conditions for their use and the organization of their operation, after consultation of the National Occupational Safety and Health Centre. It asks the Government to send to the Office the instructions determining these measures and equipment, and their use and operation. The Committee also takes note of section 5(17) (storage and handling of dangerous substances), and (18) (production, handling of toxic substances; carcinogenic chemicals, askarels) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to indicate the appropriate preventive measures that are taken and which take account of the chemical, physical and biological hazards specific to construction work.

Article 28, paragraph 2. The Committee takes note of section 5(8), (18), (24) to (29) and (31) of Occupational Safety and Health Instruction No. 22 of 1987. It requests the Government to provide information on measures taken for the prevention of chemical, physical and biological hazards other than those dealt with in the above provisions and on the replacement of hazardous substances by harmless or less hazardous substances wherever possible.

Article 28, paragraph 3. The Committee notes section 5(18) of Occupational Safety and Health Instruction No. 22 of 1987 which requires employers to take the necessary steps to prevent the infiltration of gases, vapours, harmful smoke and dust into the atmosphere of the workplace. It also notes section 5(25) to (27) of the same Instruction, which concerns benzene. It observes that these provisions do not cover all the cases envisaged in paragraph 3 of this Article of the Convention which refers to any area in which a toxic or harmful substance may be present or in which there may be an oxygen deficiency, or a flammable atmosphere; nor do they specify that appropriate preventive measures must be provided for in the legislation to guard against any danger to workers entering such an area. It therefore asks the Government to take appropriate steps to ensure that the national legislation contains provisions to guard against all danger where workers are required to enter any area in which a toxic or harmful substance may be present, or in which there may be an oxygen deficiency or a flammable atmosphere.

Article 29, paragraph 1(c). The Government is asked to provide information on measures taken to ensure quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 2. The Committee requests the Government to specify how employers satisfy themselves that workers use their individual protective equipment properly.

Article 30, paragraph 3. The Committee requests the Government to indicate how the employer or the competent authority can ensure that protective equipment and protective clothing comply with standards set by the competent authority taking into account as far as possible ergonomic principles.

Article 31. The Committee requests the Government to indicate the measures taken to ensure the removal for medical attention of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. The Government is asked to provide information on the provisions of national laws or regulations requiring separate sanitary and washing facilities to be provided for men and women. If there are no such provisions, the Committee requests the Government to take steps to include them in the relevant texts.

Article 34. The Committee notes that section 4 III(b)(4) of Occupational Safety and Health Instruction No. 22 of 1987 provides that the person in charge of occupational safety and health must compile statistics on occupational accidents and diseases and prepare regular reports on the subject. It further notes that, section 5(23) provides that the works doctor must immediately notify occupational diseases or serious cases which endanger the safety of workers, to the competent health services, the National Occupational Safety and Health Centre and the safety at work section. The Committee reminds the Government that national laws or regulations must provide for the reporting to the competent authority within a prescribed time of occupational accidents and diseases. It asks the Government to take the necessary steps to ensure that national laws or regulations provide for notification to the competent authority of occupational accidents, and to specify the prescribed time limit for notification of occupational accidents and diseases.

Part VI of the report form. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

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

Article 7 of the Convention. The Committee notes the Government’s indication to the effect that it does not dispose of any statistics concerning the lead poisoning among working painters for the period ending 30 June 1999. For a number of years, the Committee has been recalling to the Government that Article 7 of the Convention requires the establishment of statistics on lead poisoning among working painters. In this respect, the Committee once again refers to section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers, according to which cases of lead poisoning shall be reported and statistics kept. The Committee notes the Government’s indication that cases of lead poisoning must be notified to the Labour Inspectorate, and the Ministry of Health is the competent authority responsible for keeping statistics concerning the morbidity and the mortality of working painters due to lead poisoning. The Committee, taking note of this information supplied by the Government in its report, requests the Government to indicate the measures taken or envisaged to establish statistics on lead poisoning of working painters, as required under section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers.

The Committee trusts that the Government will do its utmost to take the necessary action to this end, in order to give effect to Article 7 of the Convention.

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:

The Committee notes that the brief information supplied by the Government in its report does not reply to the questions raised in its previous comments. It hopes that the next report will contain full information on the following points raised in its previous direct request:

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its 1993 report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer.  The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Part IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under Part IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

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

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

  Article 7 of the Convention. The Committee notes the information provided by the Government according to which statistics concerning lead poisoning among working painters are not available.

For several years now, the Committee has recalled that Article 7 of the Convention provides that statistics as to morbidity and mortality with regard to lead poisoning among working painters shall be obtained. In previous comments, the Committee had noted that section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers provides that cases of lead poisoning shall be reported and statistics kept and that, under section 9, the Department of Occupational Health and Safety in the Ministry of Labour is responsible for supervising the implementation of the instructions. In its report of 1993, the Government had indicated that cases of lead poisoning shall be reported to the Labour Inspectorate and that the Ministry of Health represents the competent authority responsible for keeping statistics concerning morbidity and morality due to lead poisoning, but that no such statistics were available. In its latest communication of 1997, the Government continues indicating that no statistics regarding lead poisoning among working painters are available. The Committee hopes that the Government will take the necessary measures to apply this Article of the Convention and will collect data to obtain statistics with regard to lead poisoning among working painters as to morbidity and mortality, and to ensure full implementation of all Articles 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 2001, published 90th ILC session (2002)

The Committee notes the information supplied with the Government’s report. It notes that the report does only contain a few new elements in reply to comments it has been made since 1992. The Committee is therefore bound to draw again the Government’s attention to the following points.

1. Articles 3, 4, 5, 6, 7 and 8 of the Convention. The Committee had noted in previous comments that the provisions found in Act No. 99 of 1980 concerning protection against ionizing radiations does not specify detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. With regard to the issuing authorities, section 10 of the above Act empowers the Radiation Protection Board to issue these instructions concerning measures to be taken to prevent accidents. In this context, the Committee notes the Government’s indication that the authority responsible for radiation protection has issued circulars indicating the limits of safe exposure to radiation, in application of section 8 of Act No. 99, 1980, proving for the responsibility of the Radiation Protection Board to set maximum dose limits permissible for exposure to ionizing radiations. The Committee requests the Government to supply a copy of these circulars for further examination to enable the Committee to determine whether the limits prescribed in these circulars cover the different categories of workers, in accordance with Articles 7 and 8 of the Convention.

As concerns protective measures to be taken when exposed to radiation, the Committee had noted in previous comments that section 8 of Act No. 99, 1980, obliges the Radiation Protection Board to issue, inter alia, the necessary instructions in this regard. The Government accordingly is requested to indicate the steps taken or being considered in this regard to ensure effective protection of workers against ionizing radiations and to restrict the exposure of workers to the lowest practicable level avoiding any unnecessary exposure, as prescribed under Article 3, paragraph 1, Article 5 and Article 6, paragraph 2, of the Convention.

Article 9. The Committee notes the Government’s indication to the effect that this Article of the Convention is applied on the basis of instructions and Recommendations issued by the Radiation Protection Centre. However, there are no legal texts specifically covering this matter. In this respect, the Committee notes again section 107 of the labour code providing for the employer’s obligation to inform workers in writing, prior to their assignment, of the occupational hazards involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions drawn up by the Minister of Labour and Social Affairs. The Committee asks the Government to enlighten the character of the instructions and Recommendations issued by the Radiation Protection Centre, particularly with a view to their impact and their possible binding effect, although they do not constitute legal texts. The Government is also requested to provide copies of the above instructions and recommendations for further examination.

Article 11. The Committee notes the Government’s indication that section 11 of Act No. 99, 1980, concerning inspection, and section 12, specifying the obligations of the owner of an ionizing radiation source, cover the matters dealt with in this Article of the Convention. The Committee therefore points out that Article 11 of the Convention calls for appropriate monitoring of workers and places of work to evaluate the exposure of workers to ionizing radiations and radioactive substances, with a view to ascertain that the levels of exposure fixed by the competent authority are observed. The Committee ventures to call the Government’s attention to paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which propose a number of measures to be taken in this connection. The Government is requested to indicate the measures taken or envisaged in order to ensure that both workers and places of work are appropriately monitored in order to determine whether the dose limits fixed are respected.

Articles 12 and 13(a). Further to its previous comments, the Committee notes again section 12, subsection 5 of Act No. 99, 1980, providing that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee notes with regret that the Government did not transmit yet a copy of these instructions. The Government is once again requested to supply a copy of these instructions in order to enable the Committee to examine the type and nature of the examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations.

2. With reference to its previous comments, the Committee recalls that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In the direct requests the Committee has addressed to the Government since 1982, it had noted that Act No. 99, 1980, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Centre for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Centre will transmit its recommendations in this regard to the Board, which shall then make an appropriate decision. The Government is again requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is again requested to provide additional information on the composition and competence of the Centre for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

3. Finally, the Committee calls once again the Government’s attention to paragraphs 16 to 27 and 35(c) of its 1992 general observation under this Convention concerning occupational exposure during and after an emergency. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

The Committee urges the Government to take the necessary measures in the near future to ensure that effect is given to the provisions of the Convention.

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:

Article 4. In its previous comments, the Committee noted the provisions of the Labour Code which set a general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and measures of protection. In its latest report, the Government has indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they are adopted. The Committee hopes that specific measures with respect to air pollution, noise and vibration will be adopted in the near future and that they will also ensure the full application of the Convention, in particular, Articles 5, 6, 7, 9, 10, 13 and 15, and that these measures will take into account the following points:

1. Article 8. The Committee notes from the Government's report that the limit with respect to noise of 85 decibels was set after taking into consideration the opinion of experts from the National Occupational Safety and Health Centre. The Committee would recall that this Article of the Convention also calls for criteria to be established for determining the hazards of exposure to air pollution and vibration.

2. Article 11, paragraphs 2, 3 and 4. The Committee notes the statement in the Government's report that periodical medical examination are provided free of cost. The Government is requested to indicate the measures taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of cost to the worker concerned. The Committee further notes the indication in the Government's report that workers with occupational diseases have the right to an indemnity. The Committee would recall that paragraph 3 of Article 11 provides that every effort should be made to provide workers for whom it is medically inadvisable to continue an assignment to work involving exposure to air pollution, noise or vibration (and not only workers who have occupational diseases) with suitable alternative employment or income maintenance through social security measures or otherwise.

3. Article 12. The Committee notes the indication in the Government's report that coordination and collaboration are organized between the Minister of Labour and Social Affairs and the National Occupational Safety and Health Centre in order to exercise periodic control over the establishments concerned. The Committee would recall that this Article of the Convention calls for measures to be taken to ensure that the use of certain processes, substances, machinery and equipment to be determined are notified to the competent authority so that the authority may then authorize the use on prescribed conditions or prohibit it.

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

The Committee notes the information contained in the Government's report. It notes with satisfaction the Occupational Safety and Health Directive No. 4 of 1993, as amended, protecting workers from vibrations, issued under Article 18 of the Convention, intended to reduce the harmful effects of vibrations on workers.

1. Article 4(b) of the Convention. The Committee notes with interest the Government's statement in its report to the effect that new directives have been prepared to give effect to the provisions of the Hygiene (Commerce and Offices), Recommendation, 1964 (No. 120), with reference to Articles 10, 12 and 16. It hopes that the Government will make every effort to ensure that these directives are adopted in the near future. It requests the Government to supply copies of the directives as soon as they have been adopted. In this respect, the Committee draws the Government's attention to the fact that specific guidelines or directives must be adopted to give effect to the provisions of Recommendation No. 120. It hopes that the Government will indicate in its next report the progress achieved in this respect.

2. Article 10. In its previous comments, the Committee noted that section 5(2) of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning, must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions on the subject are being prepared in conformity with Law No. 89 of 1981 on Public Health and section 5(2) of the above Instructions. The Committee notes the Government's information that new detailed directives have been prepared on this subject. The Committee hopes that these new directives cover all the premises used by workers and that they take into account the suggestions made in Part VI of Recommendation No. 120. It requests the Government to supply copies of these instructions as soon as they have been adopted.

3. Article 12. The Committee notes that detailed directives have been prepared on the general requirements which must be met by enterprises. It hopes that these directives contain provisions ensuring the supply of drinking water at all workplaces. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

4. Article 14. In its previous comment, the Committee noted that section 5(2) of Instructions No. 22, which provides that appropriate premises equipped with seats and beds must be placed at the disposal of workers for resting and taking their meals. It therefore requested the Government to provide additional information on the measures taken to ensure that workers are supplied with sufficient and suitable seats in offices and other workplaces and that they are given reasonable opportunities of using them. The Committee notes that the Government's report does not contain additional information on this point. It therefore requests the Government once again to provide information on the measures which have been taken or are envisaged to ensure that sufficient and suitable seats are supplied for workers.

5. Article 16. The Committee once again notes that the Government refers to section 5(19) of Instructions No. 22 of 1987 requiring workplaces to comply with hygiene standards, including the hygiene conditions which must be met by ventilation and lighting. The Committee recalls that these provisions are not intended in particular for underground or similar premises. However, the Committee notes that detailed directives have been prepared on this subject. It hopes that the new directives set specific requirements for underground or windowless premises and, in particular, are in conformity with Article 16 and Part XIII of Recommendation No. 120, which provides that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation. The Committee requests the Government to provide copies of these directives as soon as they have been adopted.

6. Finally, the Committee notes from the information provided by the Government in its report that inspectors working in the field of safety and health are obliged to draw up and sign reports on violations of the legislation. The Committee would be grateful if the Government would provide extracts of reports on the activities of the inspection services illustrating the manner in which the Convention is applied in practice.

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

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 supplied by the Government in its first report.

1. The Committee requests the Government to supply further information on the following points.

Article 5, paragraph 1, of the Convention. The Committee requests the Government to supply copies or extracts from programmes and plans adopted by the construction company committees.

Article 10. The Committee requests the Government to indicate the provisions laying down the right of workers (and not only workers' representatives) to participate in ensuring safe working conditions and to express views on the working procedures adopted.

Article 14. The Committee notes certain regulations which lay down the obligation of the employer to provide construction workers with scaffolds, lateral supports and mobile ladders (section 5, paragraphs 21 and 30, of the 1967 Instructions No. 22 on occupational safety and health). It requests the Government to indicate the specific national measures covering the construction, quality, safety and correct use of scaffolds, ladders and any other means of access to the workplace as well as those relating to inspection of scaffolds.

Article 15, paragraphs 1(a), (b), (c), (d) and 2. The Committee notes the Government's references in its report to the provisions of section 5(13) and (30) of the 1967 Instructions No. 22 on occupational safety and health concerning the employer's obligation to provide lifting appliances, to ensure that their cords, chains and ancillary gear are of sound mechanical construction, and to submit them to periodic examination by a technician. The Committee requests the Government to indicate the provisions governing the design, construction, installation, proper use, maintenance, examination and testing of lifting appliances and gear.

Articles 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes the Government's reference to section 4, paragraph III(a), of the 1967 Instructions No. 22 on occupational safety and health as giving effect to the provisions mentioned above. It notes that the provision cited of the national instrument provides only that the person responsible for occupational safety and health shall be competent to provide workers with training on the maintenance of lifting appliances. The Committee requests the Government to indicate the provisions according to which the appliances, machinery, plant and equipment listed in Articles 15, 16 and 17 of the Convention must be operated by workers who have received appropriate training.

Article 17, paragraph 3. The Committee notes the Government's reference to section 5(14), of the 1967 Instructions No. 22 on occupational safety and health which relates to steam boilers and various pressure plant and their gear as well as the checking to which they must be submitted annually. The Committee requests the Government to specify whether examination and testing of pressure plant and equipment are part of this annual check.

Article 26. The Committee notes the Government's reference to the provisions of section 5(12) of the 1967 Instructions No. 22 on occupational safety and health which lays down the obligation for the employer to ensure that workers are protected against the dangers of electricity. The Committee requests the Government to indicate the provisions covering the construction and assembly of electrical materials and installations and prescribing the steps taken, before construction is commenced and during the progress thereof, to ascertain the presence of, and to guard against, danger to workers from any live electrical cable or apparatus at the site. It also requests the Government to describe the technical rules and standards applied at the national level in regard to the laying and maintenance of cables.

Article 28, paragraphs 1, 2(a) and (b), and 3. The Committee notes the references to the provisions of the 1967 Instructions No. 22 on occupational safety and health, and particularly to the provisions relating to programmes and plans on occupational safety and health (section 4, paragraph II(e) of the Instructions). The Committee requests the Government to indicate the preventive measures taken or contemplated (in regard to those set out in paragraph 2(a) and (b) of this Article) with a view to avoiding exposure of workers to the hazards set out in paragraph 1. The Committee also requests the Government to describe the measures prescribed with a view to avoiding any danger where workers are required to enter an area in which there may be an oxygen deficiency.

2. The Committee requests the Government to communicate further information on the following points.

Article 5, paragraph 2. Paying due regard to the standards on occupational safety and health adopted by recognized international organizations in the field of standardization.

Article 8. Sharing of responsibility between two or more employers undertaking activities simultaneously at one construction site in regard to the application of prescribed safety and health measures.

Article 9. The need to take into account the safety and health of the construction workers in accordance with national laws, regulations and practice, during the design and planning of a construction project.

Article 11(a), (b) and (d). The duty of workers to cooperate as closely as possible with their employer in the application of the prescribed safety and health measures; to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work; to report to their supervisor, and to the workers' safety representative, any situation which could present a risk.

Article 12. The right of a worker to remove himself from danger when he has good reason to believe that there is a serious danger; the duty to inform his supervisor; the obligation of the employer to stop the operation and evacuate workers where there is danger.

Article 13, paragraphs 2 and 3. The provision and maintenance of means of access to and egress from all workplaces; precautions to protect persons present at or in the vicinity of a construction site.

Article 16, paragraphs 1(a), (b) and (c), and 2. Design, construction, maintenance and use of vehicles and earth-moving or materials-handling equipment; provision of access-ways and traffic control on constructions sites.

Article 17, paragraphs 1(a), (b) and (c), and 2. Design, construction, maintenance and use of plant, machinery and equipment, including tools.

Article 18. Height or slope of a structure prescribed by competent technical services; preventive measures where workers are required to work on or near roofs or fragile material.

Article 19(b), (c), (d) and (e). Adequate precautions taken in any excavation, shaft, earthworks, underground works or tunnel to guard against dangers arising from the fall of persons, materials or objects; to maintain any fumes, gases, vapours, dust or other impurities at levels which are not dangerous or injurious to health; to enable workers to reach safety in the event of fire, or an inrush of water or materials; to avoid risk to workers arising from possible underground dangers.

Article 20. Quality of the construction, suitability and soundness of cofferdams and caissons; provision of adequate means for workers to reach safety in the event of an inrush of water or materials; provisions regulating the supervision by a competent person during the construction, positioning, modification or dismantling of a cofferdam or caisson and the inspection of all cofferdams and caissons.

Article 21. Provisions regulating work in compressed air, the nature of prescribed medical examinations and supervision of the conduct of operations by a competent person.

Article 22, paragraphs 1 and 3. Provisions prescribing supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. Provisions regulating work done over or in close proximity to water.

Article 24. Precautions, methods and procedures adopted in accordance with national laws or regulations when demolition work is done; how it is ensured that the work shall be planned and undertaken only under the supervision of a competent person.

Article 27. Provisions governing the transport and handling of explosives and prescribing the necessary measures taken by a competent person to ensure that workers and other persons are not exposed to the risk of injury.

Article 29, paragraph 1(c). Appropriate measures taken by the employer to bring about a quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 3. Standards established by the competent authority for personal protective equipment and protective clothing taking into account as far as possible ergonomic principles.

Article 31. Arrangements to be made for ensuring the removal of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. Provision of separate sanitary and washing facilities for men and women workers.

Article 34. Provisions for the reporting to the competent authority within a prescribed time of occupational accidents and diseases.

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

Article 7 of the Convention. The Committee notes the information provided by the Government according to which statistics concerning lead poisoning among working painters are not available.

For several years now, the Committee has recalled that Article 7 of the Convention provides that statistics as to morbidity and mortality with regard to lead poisoning among working painters shall be obtained. In previous comments, the Committee had noted that section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers provides that cases of lead poisoning shall be reported and statistics kept and that, under section 9, the Department of Occupational Health and Safety in the Ministry of Labour is responsible for supervising the implementation of the instructions. In its report of 1993, the Government had indicated that cases of lead poisoning shall be reported to the Labour Inspectorate and that the Ministry of Health represents the competent authority responsible for keeping statistics concerning morbidity and morality due to lead poisoning, but that no such statistics were available. In its latest communication of 1997, the Government continues indicating that no statistics regarding lead poisoning among working painters are available. The Committee hopes that the Government will take the necessary measures to apply this Article of the Convention and will collect data to obtain statistics with regard to lead poisoning among working painters as to morbidity and mortality, and to ensure full implementation of all Articles of the Convention.

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

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. Article 4(b) of the Convention. In previous direct requests, the Committee called attention to this Article of the Convention with reference to giving effect to the detailed measures suggested under Recommendation No. 120, and requested the Government to provide information on any specific guidelines, directive or instructions established by the labour inspection service, pursuant to Instructions No. 22 concerning occupational safety and health and section 114(II)(b) of the Labour Code of 1987. The Committee notes from the information supplied in the Government's latest report that the competent authorities conduct inspection in places of work to ensure compliance with the pertinent provisions of Regulation No. 74 of 1968, the Labour Code of 1987, and the instructions established under Instructions No. 22. The Committee, however, notes that the Government's report has provided no information on any specific guideline or directive that have been issued by the competent authorities in regard to the detailed suggestions contained under Recommendation No. 120. The Committee hopes that the Government will supply this information in its next report.

2. Article 10. In its earlier direct requests, the Committee requested the Government to indicate the laws or regulations adopted to ensure that a comfortable and steady temperature is maintained in all premises used by workers covered under the Convention. The Committee notes the indication made by the Government in its latest report that article 5, paragraph 2, of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions are currently being prepared on the subject in conformity with Law No. 89 of 1981 on Public Health and article 5, paragraph 2, of Instructions No. 22 of 1987. The Committee hopes that the new instructions will cover all premises used by workers and that the measures envisaged will take into consideration the suggestions contained in Part VI of Recommendation No. 120; it trusts that the Government will supply the text of the pertinent instructions as soon as they are adopted.

3. Article 12. The Committee previously noted section 5(5) of Instructions No. 22 which provides that the employer shall provide wholesome drinking-water to workers in the summertime, and requested the Government to indicate the measures taken to ensure that water or some wholesome drink is made available to workers throughout the year. The Committee notes from the Government's latest report that article 9 of the draft new detailed instructions on the general conditions that enterprises must comply with provides for the proper supply of potable water to all workplaces employing more than four workers. It requests the Government to supply the text of these instructions once they are adopted.

4. Article 14. In previous direct requests, the Committee had requested the Government to indicate the laws and regulations adopted to ensure that sufficient and suitable seats are supplied to workers and that workers are given reasonable opportunities for using them. The Committee notes the Government's reference to article 5, paragraph 2, of Instructions No. 22 which provides that appropriate premises equipped with, inter alia, seats and bedding must be placed at the disposal of workers for resting and taking their meals. The Committee requests the Government to furnish additional information on any measures taken to ensure that workers be supplied with sufficient and suitable seats and be given reasonable opportunities of using them in their offices or other work premises.

5. Article 16. The Committee notes the Government's reference to the provisions on ventilation, lighting and air-conditioning contained in article 7 of Regulation No. 74 of 1968, paragraph 19 of article 5 of Instructions No. 22 of 1987, and article 6 of the new instructions that are presently being prepared. The Committee notes that these provisions do not refer particularly to work in underground and windowless premises. The Committee hopes that, on the occasion of the drafting of the new instructions currently being prepared, consideration will be given to addressing the specific requirements of hygiene for underground and windowless work premises, in the light of Article 16 of the Convention and Part XIII of Recommendation No. 120 which suggests in particular that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation.

6. Article 18. The Committee notes that detailed instructions on the protection against vibration have been elaborated and approved, and requests the Government to supply the text of these new instructions as soon as they have been promulgated under Act No. 89 of 1981 on Public Health.

7. The Committee would appreciate it if the Government would, in its next report, give a general appreciation of the application of the Convention, including information on the number of workers covered by legislation, the number and the nature of the contraventions reported, etc., as requested in Part IV of the report form on the Convention approved by the Governing Body.

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

The Committee notes that the brief information supplied by the Government in its report does not reply to the questions raised in its previous comments. It hopes that the next report will contain full information on the following points raised in its previous direct request:

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its 1993 report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with Article 3 of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Point IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under point IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

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

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:

In its previous comments, the Committee noted the indication in the Government's report that no statistics concerning lead poisoning among working painters were available. The Committee recalled that Article 7 of the Convention provides that statistics as to morbidity and mortality with regard to lead poisoning among working painters shall be obtained. It noted that section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers provides that cases of lead poisoning shall be reported and statistics kept and that, under section 9, the Department of Occupational Health and Safety in the Ministry of Labour is responsible for supervising the implementation of the Instructions. In its latest report, the Government has indicated that the Ministry of Health is the competent authority responsible for keeping statistics concerning morbidity and mortality due to lead poisoning, but that, at present, no such statistics are available. The Government is once again requested to indicate, in its next report, the statistical methods adopted with respect to morbidity and mortality due to lead poisoning and any steps taken to ensure that such statistics are collected, in conformity with Article 7 of the Convention. The Government is also requested to provide any statistics on morbidity and mortality due to lead poisoning which might be available.

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

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 supplied by the Government in reply to its previous direct request. The Government is requested to provide further clarification on the following points:

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its latest report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record, not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with this Article of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Point IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under point IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its latest report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

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

The Committee notes the information supplied by the Government in its first report.

1. The Committee requests the Government to supply further information on the following points.

Article 5, paragraph 1, of the Convention. The Committee requests the Government to supply copies or extracts from programmes and plans adopted by the construction company committees.

Article 10. The Committee requests the Government to indicate the provisions laying down the right of workers (and not only workers' representatives) to participate in ensuring safe working conditions and to express views on the working procedures adopted.

Article 14. The Committee notes certain regulations which lay down the obligation of the employer to provide construction workers with scaffolds, lateral supports and mobile ladders (section 5, paragraphs 21 and 30, of the 1967 Instructions No. 22 on occupational safety and health). It requests the Government to indicate the specific national measures covering the construction, quality, safety and correct use of scaffolds, ladders and any other means of access to the workplace as well as those relating to inspection of scaffolds.

Article 15, paragraphs 1(a), (b), (c), (d) and 2. The Committee notes the Government's references in its report to the provisions of section 5(13) and (30) of the 1967 Instructions No. 22 on occupational safety and health concerning the employer's obligation to provide lifting appliances, to ensure that their cords, chains and ancillary gear are of sound mechanical construction, and to submit them to periodic examination by a technician. The Committee requests the Government to indicate the provisions governing the design, construction, installation, proper use, maintenance, examination and testing of lifting appliances and gear.

Articles 15, paragraph 1(e), 16, paragraph 1(d), and 17, paragraph 1(d). The Committee notes the Government's reference to section 4, paragraph III(a), of the 1967 Instructions No. 22 on occupational safety and health as giving effect to the provisions mentioned above. It notes that the provision cited of the national instrument provides only that the person responsible for occupational safety and health shall be competent to provide workers with training on the maintenance of lifting appliances. The Committee requests the Government to indicate the provisions according to which the appliances, machinery, plant and equipment listed in Articles 15, 16 and 17 of the Convention must be operated by workers who have received appropriate training.

Article 17, paragraph 3. The Committee notes the Government's reference to section 5(14), of the 1967 Instructions No. 22 on occupational safety and health which relates to steam boilers and various pressure plant and their gear as well as the checking to which they must be submitted annually. The Committee requests the Government to specify whether examination and testing of pressure plant and equipment are part of this annual check.

Article 26. The Committee notes the Government's reference to the provisions of section 5(12) of the 1967 Instructions No. 22 on occupational safety and health which lays down the obligation for the employer to ensure that workers are protected against the dangers of electricity. The Committee requests the Government to indicate the provisions covering the construction and assembly of electrical materials and installations and prescribing the steps taken, before construction is commenced and during the progress thereof, to ascertain the presence of, and to guard against, danger to workers from any live electrical cable or apparatus at the site. It also requests the Government to describe the technical rules and standards applied at the national level in regard to the laying and maintenance of cables.

Article 28, paragraphs 1, 2(a) and (b), and 3. The Committee notes the references to the provisions of the 1967 Instructions No. 22 on occupational safety and health, and particularly to the provisions relating to programmes and plans on occupational safety and health (section 4, paragraph II(e) of the Instructions). The Committee requests the Government to indicate the preventive measures taken or contemplated (in regard to those set out in paragraph 2(a) and (b) of this Article) with a view to avoiding exposure of workers to the hazards set out in paragraph 1. The Committee also requests the Government to describe the measures prescribed with a view to avoiding any danger where workers are required to enter an area in which there may be an oxygen deficiency.

2. The Committee requests the Government to communicate further information on the following points.

Article 5, paragraph 2. Paying due regard to the standards on occupational safety and health adopted by recognized international organizations in the field of standardization.

Article 8. Sharing of responsibility between two or more employers undertaking activities simultaneously at one construction site in regard to the application of prescribed safety and health measures.

Article 9. The need to take into account the safety and health of the construction workers in accordance with national laws, regulations and practice, during the design and planning of a construction project.

Article 11(a), (b) and (d). The duty of workers to cooperate as closely as possible with their employer in the application of the prescribed safety and health measures; to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work; to report to their supervisor, and to the workers' safety representative, any situation which could present a risk.

Article 12. The right of a worker to remove himself from danger when he has good reason to believe that there is a serious danger; the duty to inform his supervisor; the obligation of the employer to stop the operation and evacuate workers where there is danger.

Article 13, paragraphs 2 and 3. The provision and maintenance of means of access to and egress from all workplaces; precautions to protect persons present at or in the vicinity of a construction site.

Article 16, paragraphs 1(a), (b) and (c), and 2. Design, construction, maintenance and use of vehicles and earth-moving or materials-handling equipment; provision of access-ways and traffic control on constructions sites.

Article 17, paragraphs 1(a), (b) and (c), and 2. Design, construction, maintenance and use of plant, machinery and equipment, including tools.

Article 18. Height or slope of a structure prescribed by competent technical services; preventive measures where workers are required to work on or near roofs or fragile material.

Article 19(b), (c), (d) and (e). Adequate precautions taken in any excavation, shaft, earthworks, underground works or tunnel to guard against dangers arising from the fall of persons, materials or objects; to maintain any fumes, gases, vapours, dust or other impurities at levels which are not dangerous or injurious to health; to enable workers to reach safety in the event of fire, or an inrush of water or materials; to avoid risk to workers arising from possible underground dangers.

Article 20. Quality of the construction, suitability and soundness of cofferdams and caissons; provision of adequate means for workers to reach safety in the event of an inrush of water or materials; provisions regulating the supervision by a competent person during the construction, positioning, modification or dismantling of a cofferdam or caisson and the inspection of all cofferdams and caissons.

Article 21. Provisions regulating work in compressed air, the nature of prescribed medical examinations and supervision of the conduct of operations by a competent person.

Article 22, paragraphs 1 and 3. Provisions prescribing supervision by a competent person during the erection of structural frames and components and stipulating that formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. Provisions regulating work done over or in close proximity to water.

Article 24. Precautions, methods and procedures adopted in accordance with national laws or regulations when demolition work is done; how it is ensured that the work shall be planned and undertaken only under the supervision of a competent person.

Article 27. Provisions governing the transport and handling of explosives and prescribing the necessary measures taken by a competent person to ensure that workers and other persons are not exposed to the risk of injury.

Article 29, paragraph 1(c). Appropriate measures taken by the employer to bring about a quick and safe evacuation of persons in the event of fire.

Article 30, paragraph 3. Standards established by the competent authority for personal protective equipment and protective clothing taking into account as far as possible ergonomic principles.

Article 31. Arrangements to be made for ensuring the removal of workers who have suffered an accident or sudden illness.

Article 32, paragraph 3. Provision of separate sanitary and washing facilities for men and women workers.

Article 34. Provisions for the reporting to the competent authority within a prescribed time of occupational accidents and diseases.

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

The Committee notes the information provided by the Government in its report.

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibits the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards.

The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73 to 98 of its General Survey on Safety in the Working Environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 of the Convention, will remain without effect. The Committee draws the Government's attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention.

The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures.

The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report does not reply to its previous comments. 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 following matters which were raised in its previous direct request.

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionizing radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its report received in 1991, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionizing radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organizations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its general observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). 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 ionizing radiations and to review maximum permissible doses of ionizing 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 to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionizing radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionizing radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionizing radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionizing radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. In its previous comments, the Committee noted with regret that the information provided in the Government's report for 1991 contained no reply to its general observation of 1987. The Committee would once again call the Government's attention to paragraphs 16 to 27 and 35(c) of its general observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its latest report.

1. Article 4(b) of the Convention. In previous direct requests, the Committee called attention to this Article of the Convention with reference to giving effect to the detailed measures suggested under Recommendation No. 120, and requested the Government to provide information on any specific guidelines, directive or instructions established by the labour inspection service, pursuant to Instructions No. 22 concerning occupational safety and health and section 114(II)(b) of the Labour Code of 1987. The Committee notes from the information supplied in the Government's latest report that the competent authorities conduct inspection in places of work to ensure compliance with the pertinent provisions of Regulation No. 74 of 1968, the Labour Code of 1987, and the instructions established under Instructions No. 22. The Committee, however, notes that the Government's report has provided no information on any specific guideline or directive that have been issued by the competent authorities in regard to the detailed suggestions contained under Recommendation No. 120. The Committee hopes that the Government will supply this information in its next report.

2. Article 10. In its earlier direct requests, the Committee requested the Government to indicate the laws or regulations adopted to ensure that a comfortable and steady temperature is maintained in all premises used by workers covered under the Convention. The Committee notes the indication made by the Government in its latest report that article 5, paragraph 2, of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions are currently being prepared on the subject in conformity with Law No. 89 of 1981 on Public Health and article 5, paragraph 2, of Instructions No. 22 of 1987. The Committee hopes that the new instructions will cover all premises used by workers and that the measures envisaged will take into consideration the suggestions contained in Part VI of Recommendation No. 120; it trusts that the Government will supply the text of the pertinent instructions as soon as they are adopted.

3. Article 12. The Committee previously noted section 5(5) of Instructions No. 22 which provides that the employer shall provide wholesome drinking-water to workers in the summertime, and requested the Government to indicate the measures taken to ensure that water or some wholesome drink is made available to workers throughout the year. The Committee notes from the Government's latest report that article 9 of the draft new detailed instructions on the general conditions that enterprises must comply with provides for the proper supply of potable water to all workplaces employing more than four workers. It requests the Government to supply the text of these instructions once they are adopted.

4. Article 14. In previous direct requests, the Committee had requested the Government to indicate the laws and regulations adopted to ensure that sufficient and suitable seats are supplied to workers and that workers are given reasonable opportunities for using them. The Committee notes the Government's reference to article 5, paragraph 2, of Instructions No. 22 which provides that appropriate premises equipped with, inter alia, seats and bedding must be placed at the disposal of workers for resting and taking their meals. The Committee requests the Government to furnish additional information on any measures taken to ensure that workers be supplied with sufficient and suitable seats and be given reasonable opportunities of using them in their offices or other work premises.

5. Article 16. The Committee notes the Government's reference to the provisions on ventilation, lighting and air-conditioning contained in article 7 of Regulation No. 74 of 1968, paragraph 19 of article 5 of Instructions No. 22 of 1987, and article 6 of the new instructions that are presently being prepared. The Committee notes that these provisions do not refer particularly to work in underground and windowless premises. The Committee hopes that, on the occasion of the drafting of the new instructions currently being prepared, consideration will be given to addressing the specific requirements of hygiene for underground and windowless work premises, in the light of Article 16 of the Convention and Part XIII of Recommendation No. 120 which suggests in particular that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation.

6. Article 18. The Committee notes that detailed instructions on the protection against vibration have been elaborated and approved, and requests the Government to supply the text of these new instructions as soon as they have been promulgated under Act No. 89 of 1981 on Public Health.

7. The Committee would appreciate it if the Government would, in its next report, give a general appreciation of the application of the Convention, including information on the number of workers covered by legislation, the number and the nature of the contraventions reported, etc., as requested in Part IV of the report form on the Convention approved by the Governing Body.

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

The Committee notes with regret that the Government's report does not reply to its previous comments. 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 following matters which were raised in its previous direct request.

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionizing radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its report received in 1991, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionizing radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organizations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). 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 ionizing radiations and to review maximum permissible doses of ionizing 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 to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionizing radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionizing radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionizing radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionizing radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. In its previous comments, the Committee noted with regret that the information provided in the Government's report for 1991 contained no reply to its General Observation of 1987. The Committee would once again call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

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

The Committee notes the information supplied by the Government in reply to its previous direct request. The Government is requested to provide further clarification on the following points:

1. Article 3 of the Convention. In its previous comments, the Committee requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. In its latest report, the Government has referred to the medical examinations provided to workers and the registers kept at the Centre for Statistics of the Ministry of Health of the number of cases of cancer, including occupational cancer. The Committee would, however, once again refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers. Such registers are intended to record, not only information with respect to workers with occupational cancer, but also more generally the names of persons exposed to carcinogenic substances, the results of technical monitoring, special medical examinations and laboratory tests performed, regardless of their state of health, so that the competent authority and others concerned may have sufficient comparative data "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records, in accordance with this Article of the Convention, and requests the Government to indicate, in its next report the progress made in this regard.

2. Article 5. The Committee notes the information provided in the Government's report concerning pre-assignment and periodical medical examinations for workers exposed to carcinogenic substances. The Committee once again recalls that this Article of the Convention provides that workers shall be provided with medical examinations or biological tests, not only during the period of employment, but also after the worker is no longer exposed to carcinogenic substances in order to evaluate any changes which might occur in his or her state of health as a result of the prior exposure. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to provide medical examinations or other tests to workers after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

3. Point IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under point IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc. In its latest report, the Government has indicated that inspection committees monitor the application of the Convention and that the National Centre for Occupational Safety and Health periodically reviews the chemical substances in use. The Government is once again requested to provide, with its next report, extracts from inspection reports relevant to the measures taken for the application of the Convention, as well as any statistics on the numbers of workers covered by these measures, the number and nature of contraventions and the number and nature of diseases relating to exposure to carcinogenic substances.

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

I. The Committee notes with interest the information provided in the Government's latest report concerning Articles 14 and 16 of the Convention.

II. Article 4. In its previous comments, the Committee noted the provisions of the Labour Code which set a general framework for measures in the area of occupational safety. It recalled that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. It noted that section 107 of the Labour Code refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and measures of protection. In its latest report, the Government has indicated that copies of the technical instructions concerning vibrations, noise and exposure limits for air pollution would be sent to the Office as soon as they are adopted. The Committee hopes that specific measures with respect to air pollution, noise and vibration will be adopted in the near future and that they will also ensure the full application of the Convention, in particular, Articles 5, 6, 7, 9, 10, 13 and 15, and that these measures will take into account the following points:

1. Article 8. The Committee notes from the Government's report that the limit with respect to noise of 85 decibels was set after taking into consideration the opinion of experts from the National Occupational Safety and Health Centre. The Committee would recall that this Article of the Convention also calls for criteria to be established for determining the hazards of exposure to air pollution and vibration.

2. Article 11, paragraphs 2, 3 and 4. The Committee notes the statement in the Government's report that periodical medical examination are provided free of cost. The Government is requested to indicate the measuress taken to ensure that all supervision of the health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration is free of cost to the worker concerned. The Committee further notes the indication in the Government's report that workers with occupational diseases have the right to an indemnity. The Committee would recall that paragraph 3 of Article 11 provides that every effort should be made to provide workers for whom it is medically inadvisable to continue an assignment to work involving exposure to air pollution, noise or vibration (and not only workers who have occupational diseases) with suitable alternative employment or income maintenance through social security measures or otherwise.

3. Article 12. The Committee notes the indication in the Government's report that coordination and collaboration are organized between the Minister of Labour and Social Affairs and the National Occupational Safety and Health Centre in order to exercise periodic control over the establishments concerned. The Committee would recall that this Article of the Convention calls for measures to be taken to ensure that the use of certain processes, substances, machinery and equipment to be determined are notified to the competent authority so that the authority may then authorize the use on prescribed conditions or prohibit it.

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

In its previous comments, the Committee noted the indication in the Government's report that no statistics concerning lead poisoning among working painters were available. The Committee recalled that Article 7 of the Convention provides that statistics as to morbidity and mortality with regard to lead poisoning among working painters shall be obtained. It noted that section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers provides that cases of lead poisoning shall be reported and statistics kept and that, under section 9, the Department of Occupational Health and Safety in the Ministry of Labour is responsible for supervising the implementation of the Instructions. In its latest report, the Government has indicated that the Ministry of Health is the competent authority responsible for keeping statistics concerning morbidity and mortality due to lead poisoning, but that, at present, no such statistics are available. The Government is once again requested to indicate, in its next report, the statistical methods adopted with respect to morbidity and mortality due to lead poisoning and any steps taken to ensure that such statistics are collected, in conformity with Article 7 of the Convention. The Government is also requested to provide any statistics on morbidity and mortality due to lead poisoning which might be available.

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

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 following matters which were raised in its previous direct request.

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionizing radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its report received in 1991, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionizing radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organizations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). 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 ionizing radiations and to review maximum permissible doses of ionizing 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 to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionizing radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionizing radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionizing radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionizing radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionizing radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionizing radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defence work involving exposure to ionizing radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. In its previous comments, the Committee noted with regret that the information provided in the Government's report for 1991 contained no reply to its General Observation of 1987. The Committee would once again call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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

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 following matters raised in its previous direct request, which read as follows:

The Committee has noted the information supplied by the Government in its first report.

The Committee has noted that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention:

Article 2, paragraphs 1 and 2. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

Article 2, paragraphs 3 and 4. Enumeration of the dangerous parts of machinery which must be so designed, sunk or protected as to prevent danger.

The Committee refers to paragraphs 73 to 98 of its 1987 General Survey on Safety in the Working Environment in which it indicates that it is indispensable for the effective application of Part II of the Convention for national legislations to define the parts of machinery that are dangerous and require protection and that, if these parts have not been determined, the prohibition on the sale, hire, transfer and exhibition of dangerous machinery set out in Article 2 of the Convention will be without effect. It also emphasized that the list of dangerous parts should include as a minimum all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.

Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, their respective agents and the manufacturer, to apply the provisions of Article 2 of the Convention.

Article 6. Prohibition of the use of machinery any dangerous part of which is without appropriate guards.

Article 7. Obligation of the employer to ensure compliance with the prohibition to use machinery that is without appropriate guards (Article 6).

Article 10. Steps that the employer shall take to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 15, paragraphs 1 and 2. Measures designed to ensure the effective enforcement of the Convention (appropriate sanctions and inspection services).

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

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 following matters raised in its previous direct request:

1. The Committee notes the information supplied in the Government's first report and the adoption of the Instructions No. 22 concerning occupational safety and health. The Committee recalls that Article 4(b) of the Convention provides that governments shall ensure that such effect as may be possible and desirable under national conditions is given to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964, or to equivalent provisions. This Recommendation suggests more detailed measures for ensuring the full application of the general principles embodied in the Convention. The Committee notes that section 114(II)(b) of the Labour Code of 1987 empowers the labour inspection service to provide information and technical advice to the social partners concerned on the most effective measures necessary for ensuring worker protection. The Government is requested to provide information on any specific guidelines, directives or instructions established by the labour inspection service, or any other detailed measures which may exist to facilitate adequate compliance with the general principles set forth in the Instructions No. 22.

2. The Government is requested to provide further information on the following points:

Article 10. The Government is requested to indicate the laws or regulations adopted to ensure that a comfortable and steady temperature is maintained in all premises used by workers which are covered by this Convention. In this regard, the Government may wish to refer to Part VI of the Hygiene (Commerce and Offices) Recommendation which may be of assistance in the elaboration of measures to be taken to ensure the best possible conditions of temperature in the workplace.

Article 12. The Committee notes that under section 5(5) of the Instructions No. 22 the employer shall provide wholesome drinking water to workers in the summertime. The Government is requested to indicate the measures taken to ensure that water or some wholesome drink is made available to workers throughout the year. The Government may wish to refer to Part VIII of the Recommendation No. 120 which suggests detailed measures for providing wholesome drinking water to workers.

Article 14. The Government is requested to indicate the laws or regulations adopted to ensure that sufficient and suitable seats are supplied to workers and that workers are given reasonable opportunities for using them. In this regard, the Committee would call the Government's attention to Part XI of Recommendation No. 120 which suggests the measures to be taken to ensure sufficient and suitable seats for workers.

Article 16. The Government is requested to indicate the laws or regulations establishing standards of hygiene for work which is normally performed in underground or windowless premises. In this regard, the Committee would call the Government's attention to Part XIII of Recommendation No. 120 which suggests, in particular, that workers should not be required to work continuously in underground or windowless premises.

Article 18. The Government is requested to indicate the laws or regulations adopted to diminish the harmful effects of vibrations on workers. In this regard, the Committee would call the Government's attention to Part XV of Recommendation No. 120 which sets forth measures to be taken to reduce the harmful effects of vibration.

3. The Government is also requested to provide information on the practical application of the Convention, such as the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as called for in point IV of the report form.

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

The Committee notes from the Government's reply to its previous direct request that no statistics concerning lead poisoning among working painters are available. The Committee would recall that Article 7 of the Convention provides that statistics as to morbidity and mortality with regard to lead poisoning among working painters shall be obtained. It notes that section 8(a) of the Instructions for the Prevention of Lead Poisoning among Painting Workers provides that cases of lead poisoning shall be reported and statistics kept (section 8(b)) and that, under section 9, the Department of Occupational Health and Safety in the Ministry of Labour is responsible for supervising the implementation of the Instructions. The Government is requested to indicate, in its next report, the competent authority to which cases of lead poisoning are to be reported, the authority responsible for keeping statistics concerning morbidity and mortality due to lead poisoning and the statistical methods adopted, as well as to provide any statistics which might be available.

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

I. The Committee had noted in its previous direct request that Act No. 99 of 1980 concerning protection against ionising radiations does not specify the detailed measures necessary for the application of the Convention, but does provide for instructions to be established ensuring implementation of the Act. The Instructions No. 1 of 1985 established by the Radiation Protection Board pursuant to the Act, transmitted by the Government with its latest report, only define the workers covered by the Act and do not prescribe the measures necessary to ensure application of the provisions of the Convention. The Committee, therefore, hopes that measures will be taken in the near future to ensure that effect is given to the following provisions:

Articles 3, 4, 5, 6, 7, and 8 of the Convention. The Committee notes that section 10 of Act No. 99 empowers the Radiation Protection Board to issue instructions concerning preventive measures to be taken to prevent accidents. Section 8 of the Act provides that the Board will publish a list of radiation sources, will indicate the protective measures to be taken when exposed to radiation, and will set the maximum dose limits permissible for exposure to ionising radiations. As concerns maximum permissible dose limits, the Committee notes that section 8 of the Act provides that the recommendations made by the International Atomic Energy Agency and other international organisations shall be taken into account in the fixing of dose limits, in conformity with Article 6 of the Convention. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). 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 to give effect to Articles 3 to 8 of the Convention.

Article 9. The Committee notes that section 107 of the Labour Code of Iraq provides that employers shall inform workers, prior to their assignment, of the dangers involved in the work in question and the protective measures to be taken. By virtue of this section, the employer must also post instructions concerning occupational dangers and the protective measures to be taken, in accordance with instructions to be issued by the Minister of Labour and Social Affairs. The Committee requests the Government to indicate any instructions issued by the Minister of Labour in this regard relevant to work involving exposure to ionising radiations. Furthermore, the Government is requested to indicate the manner in which, in practice, appropriate warnings are used to indicate the presence of hazards from ionising radiations and the manner in which workers directly engaged in radiation work are adequately instructed in the precautions to be taken for their protection on a regular basis. In this regard, the Government is requested to supply copies of any codes of practice, guidelines or instructions which include information about safe working methods and techniques, operation and care of personal monitoring and protective devices and personal hygiene measures in respect of ionising radiations.

Article 11. The Committee notes that section 8 of Act No. 99 provides that the Radiation Protection Board shall fix maximum permissible levels of exposure to ionising radiations and that section 23 provides that instructions and regulations may be issued to facilitate the application of the Act. The Government is requested to indicate the measures taken to ensure that workers and places of work are appropriately monitored in order to determine whether the dose limits to be fixed under section 8 are respected.

Articles 12 and 13(a). Section 12(5) of Act No. 99 provides that owners of a source emitting ionising radiations shall submit exposed workers to preliminary and periodic medical examinations in conformity with the instructions. In its report for 1986, the Government had indicated that instructions had been established providing for pre-employment and periodic medical examinations. The Committee trusts that these instructions establish the type of medical examinations required as well as the circumstances in which, because of the nature or degree of exposure or both, workers shall undergo appropriate medical examinations. The Government is once again requested to transmit a copy of these instructions.

II. The Committee would recall that, under Article 2, paragraph 1, this Convention applies to all activities involving exposure of workers to ionising radiations in the course of their work. In its previous direct requests, the Committee has noted that Act No. 99, under the terms of section 2, only applies to the use of radiation sources for peaceful purposes. The Government had indicated in its report for 1986 that a permanent central committee had been established to examine cases of radiation exposure on a regular basis. It further indicated that workers engaged in research were covered by Act No. 99. Section IV of Instructions No. 1 issued by the Radiation Protection Board provides that the Center for Radiation Protection will examine each case where persons not covered by Act No. 99 present a request to the Radiation Protection Board. The Center will transmit its recommendations in this regard to the Board which shall then make an appropriate decision. The Government is requested to indicate the manner in which the provisions of this Convention are applied to activities not covered by Act No. 99, in particular, in respect of defense work involving exposure to ionising radiations. Furthermore, the Government is requested to provide additional information on the composition and competence of the Center for Radiation Protection, as well as its duties, responsibilities and enforcement powers.

III. The Committee notes with regret that the information provided in the Government's report contains no reply to its General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

[The Government is asked to report in detail for the period ending 30 June 1992.]

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

The Committee notes the information supplied by the Government in its first report.

The Committee notes that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention:

Article 2, paragraphs 1 and 2. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

Article 2, paragraphs 3 and 4. Enumeration of the dangerous parts of machinery which must be so designed, sunk or protected as to prevent danger.

The Committee refers to paragraphs 73 to 98 of its 1987 General Survey on Safety in the Working Environment in which it indicates that it is indispensable for the effective application of Part II of the Convention for national legislations to define the parts of machinery that are dangerous and require protection and that, if these parts have not been determined, the prohibition on the sale, hire, transfer and exhibition of dangerous machinery set out in Article 2 of the Convention will be without effect. It also emphasized that the list of dangerous parts should include as a minimum all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.

Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, their respective agents and the manufacturer, to apply the provisions of Article 2 of the Convention.

Article 6. Prohibition of the use of machinery any dangerous part of which is without appropriate guards.

Article 7. Obligation of the employer to ensure compliance with the prohibition to use machinery that is without appropriate guards (Article 6).

Article 10. Steps that the employer shall take to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 15, paragraphs 1 and 2. Measures designed to ensure the effective enforcement of the Convention (appropriate sanctions and inspection services).

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

1. The Committee notes with interest the information supplied in the Government's first report and the adoption of the Instructions No. 22 concerning occupational safety and health. The Committee recalls that Article 4(b) of the Convention provides that governments shall ensure that such effect as may be possible and desirable under national conditions is given to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964, or to equivalent provisions. This Recommendation suggests more detailed measures for ensuring the full application of the general principles embodied in the Convention. The Committee notes that section 114(II)(b) of the Iraqi Labour Code of 1987 empowers the labour inspection service to provide information and technical advice to the social partners concerned on the most effective measures necessary for ensuring worker protection. The Government is requested to provide information on any specific guidelines, directives or instructions established by the labour inspection service, or any other detailed measures which may exist to facilitate adequate compliance with the general principles set forth in the Instructions No. 22.

2. The Government is requested to provide further information on the following points:

Article 10. The Government is requested to indicate the laws or regulations adopted to ensure that a comfortable and steady temperature is maintained in all premises used by workers which are covered by this Convention. In this regard, the Government may wish to refer to part VI of the Hygiene (Commerce and Offices) Recommendation which may be of assistance in the elaboration of measures to be taken to ensure the best possible conditions of temperature in the workplace.

Article 12. The Committee notes that under section 5(5) of the Instructions No. 22 the employer shall provide wholesome drinking water to workers in the summertime. The Government is requested to indicate the measures taken to ensure that water or some wholesome drink is made available to workers throughout the year. The Government may wish to refer to part VIII of the Recommendation which suggests detailed measures for providing wholesome drinking water to workers.

Article 14. The Government is requested to indicate the laws or regulations adopted to ensure that sufficient and suitable seats are supplied to workers and that workers are given reasonable opportunities for using them. In this regard, the Committee would call the Government's attention to part XI of Recommendation No. 120 which suggests the measures to be taken to ensure sufficient and suitable seats for workers.

Article 16. The Government is requested to indicate the laws or regulations establishing standards of hygiene for work which is normally performed in underground or windowless premises. In this regard, the Committee would call the Government's attention to part XIII of Recommendation No. 120 which suggests, in particular, that workers should not be required to work continuously in underground or windowless premises.

Article 18. The Government is requested to indicate the laws or regulations adopted to diminish the harmful effects of vibrations on workers. In this regard, the Committee would call the Government's attention to part XV of Recommendation No. 120 which sets forth measures to be taken to reduce the harmful effects of vibration.

3. The Government is also requested to provide information on the practical application of the Convention, such as the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as called for in point IV of the report form.

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

The Committee notes the information supplied by the Government in reply to its previous direct request.

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes with interest the Government's indication that the competent service for occupational safety and health has requested the relevant international bodies to provide the most recent information concerning occupational cancer and carcinogenic substances with a view towards including these in the list contained in Instruction No. 2 of 1984 concerning protection from carcinogenic substances. In this regard, the Committee would also draw the Government's attention once again to the Asbestos Convention, 1986 (No. 162), which calls for the prohibition of the use of crocidolite and spraying of all types of asbestos. It requests the Government to continue supplying information on any progress made in updating the list of carcinogenic substances, the use of which is prohibited or made subject to authorisation or control.

Article 3. In its comments for a number of years now, the Committee has requested the Government to provide information on the measures taken to establish an appropriate system of records in respect of workers exposed to carcinogenic substances. The Government has still supplied no information in this regard. The Committee would refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 which provides useful information concerning the establishment of registers. It notes, in particular, that such registers are intended to record "the names of exposed persons, the results of technical monitoring, special medical examinations and laboratory tests performed" on workers exposed to carcinogenic substances so that "the competent authority and selected scientific workers (may) keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure the establishment of an appropriate system of records, in accordance with Article 3 of the Convention.

Article 5. The Committee notes the information provided in the Government's report that section 5, paragraph 22, of Instructions No. 22 of 1987 provide that the worker shall undergo a medical examination before employment and shall benefit from periodic and special examinations according to instructions established by the doctor or the medical service of the establishment. The Committee would recall, however, that this Article of the Convention provides that workers shall be provided with medical examinations or biological or other tests or investigations, not only during the period of employment, but also after the period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards to which they were exposed. The Committee hopes that the Government will take the necessary measures to ensure that workers who have been exposed to carcinogenic substances benefit from medical examinations or other tests even after their period of employment as is necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards.

Point IV of the report form. For a number of years, the Committee has requested the Government to provide the information requested under point IV of the report form concerning the practical application of the Convention, and in particular, to provide relevant extracts from inspection reports and any statistics available on the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of contraventions reported, the number, nature and cause of cases of disease, etc.

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

1. The Committee has noted with interest the information supplied by the Government in its first report on the application of the Convention. It has also taken note of the provisions of the new Labour Code which set a general framework for measures in the area of occupational safety. It would recall, however, that the Convention calls for specific measures to be taken to ensure the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. The Committee has noted that section 107 of the Labour Code, requiring certain measures to be taken by the employer, refers to instructions issued by the Ministry of Labour and Social Affairs concerning occupational hazards and measures of protection. In its report, the Government has referred to Instruction No. 22 of 1987 concerning occupational safety and Act No. 89 of 1981 on public health which deal with occupational safety and health issues generally. The Committee requests the Government to supply copies of any laws or regulations prescribing specific measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, in accordance with Article 4 of the Convention. The Committee hopes that such laws or regulations will, in accordance with Article 1, cover all branches of economic activity in the application of the Convention.

2. The Committee requests the Government to provide the following information:

Article 6. Section 5 of Instruction No. 22 of 1987 concerning occupational safety and health provides that employers are responsible for protecting workers from safety and health risks generally. Paragraphs 9, 15 and 18 of this section refer to employers' general responsibilities concerning air pollution and noise. In accordance with this Article, however, measures must be taken to ensure the employers' responsibility for compliance with the specific measures for the prevention and control of, and protection against occupational hazards due to air pollution, noise and vibration. The Committee requests the Government to provide further information concerning the employers' responsibility with regard to these specific measures. It also requests the Government to indicate the measures taken to ensure that employers who undertake activities simultaneously at one workplace have the duty to collaborate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of his other employees.

Article 7. Section 6 of Instruction No. 22 provides that workers must comply with safety and health measures generally. The Committee requests the Government to indicate the measures taken to ensure a worker complies with safety procedures relating specifically to prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration, as well as to guarantee workers' rights to present proposals, to obtain information and training and to appeal to appropriate bodies so as to ensure protection against such hazards.

Article 8. Section 5(15) of Instruction No. 22 requires an employer to limit the noise level to 85 decibels. The Committee requests the Government to indicate the criteria elaborated to make this determination and to indicate whether the opinion of technically competent persons designated by the most representative employers' and workers' organisations was taken into account. It also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits.

Article 9. Technical and organisational measures to eliminate the hazards of exposure to air pollution, noise and vibration.

Article 10. Sections 5(1) and 5(7) of Instruction No. 22 require the employer to provide protective equipment for the workers' safety and health generally. By virtue of this Article, however, a provision for special personal protective equipment at workplaces where the air pollution, noise and vibration levels exceed the exposure limits determined by the competent authority is necessary. The Committee requests the Government to indicate the measures taken to ensure the provision of adequate protective equipment when these fixed levels have been exceeded.

Article 11, paragraphs 2, 3 and 4. Section 5(22) of Instruction No. 22 provides for periodic medical examinations. The Committee requests the Government to indicate whether these examinations are free of cost to the worker. It also requests the Government to supply information concerning the provision of suitable work alternatives or income maintenance for workers whose continued assignment to work involving such exposure is determined to be medically inadvisable and the assurance that there are no adverse effects to workers' rights under social security or social insurance legislation.

Article 12. Determination of types of processes, substances, machinery and equipment the use of which is required to be notified to the labour inspectorate.

Article 13. Sections 4(II)(e) (4 and 5) and 5(1) of Instruction No. 22 concern the provision of safety and health information to workers. The Committee requests the Government to indicate the measures taken to guarantee the provision of information specific to potential occupational hazards in the working environment due to air pollution, noise and vibration and instruction in the measures available for the protection and control of such hazards.

Article 14. Measures for the promotion of research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration.

Article 15. Circumstances requiring the appointment of a competent person to deal with matters in the workplace pertaining to the prevention and control of air pollution, noise and vibration.

Article 16. Provision of appropriate penalties and inspection services to ensure full application of the provisions of the Convention.

3. Article 5. The Committee also requests the Government to indicate whether, in giving effect to the provisions of the Convention, the most representative employers' and workers' organisations concerned have been consulted and whether they are associated with the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of Article 4. Finally, the Government is requested to indicate the measures taken to ensure close collaboration between employers and workers in the application of these measures and to provide for the representative of workers in the enterprise to have the opportunity to accompany inspectors supervising the application of such measures.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee would be grateful if the Government would supply with its next report the statistics called for by Article 7 of the Convention on cases of morbidity and mortality caused by lead poisoning.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes that the instructions issued under Act No. 80 of 1971 have been repealed and that new instructions have been adopted pursuant to Act No. 99 of 1980 concerning protection against ionising radiations. It would be grateful if the Government would supply with its next report a copy of the newly adopted instructions, particularly those to which the Government made reference in its report as providing for pre-employment and periodical medical examinations.

2. In its previous direct request, the Committee noted that the Convention applies to all activities involving exposure of workers to ionising radiations and that Act No. 99 only provides protection for workers involved in work where the use of radiation sources is for peaceful purposes. Therefore, it requested the Government to indicate the measures taken or envisaged to protect workers exposed to ionising radiations but engaged in work not covered by Act No. 99.

The Committee notes that a permanent central committee has been established to examine cases of radiation exposure on a regular basis and that this will cover workers engaged in research. It requests the Government to provide additional information in its next report on the composition and competence of this committee including the types of activities it covers, its duties and responsibilities and its enforcement powers.

3. The Committee refers to its general observation of 1987 and hopes that the next report will contain the information requested.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information supplied by the Government in reply to its previous direct request concerning the application of Articles 4 and 6 of the Convention. It requests the Government in its next report to supply information with respect to the following points:

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that no new substance has been added to the list of carcinogenic substances contained in Instruction No. 2 of 1984 concerning protection from carcinogenic substances. It requests the Government to keep it informed of any measures taken to review this list periodically and to prohibit the use of or make subject to authorisation determined carcinogenic substances and agents, in the light of the latest available information contained in the guides established by the ILO and any other competent bodies. In this connection, it would draw the Government's attention to the Asbestos Convention, 1986 (No. 162), which provides for the prohibition of the use of crocidolite and spraying of all types of asbestos.

Article 3. Please indicate if an appropriate system of records in respect of exposed workers has been established, as no reply was given to this point.

Article 5. In its report received in April 1987, the Government states that Instruction No. 2 of 1984 does not provide for medical examinations after employment. In its last report, it refers to Chapter V of Instruction No. 3 of 1985 concerning occupational safety. The Committee notes that section I, 22, of this chapter provides for preliminary, periodic and special medical examinations of workers concerned. Please indicate the measures taken or envisaged to ensure that workers who have been exposed to carcinogenic substances continue to benefit from medical examination after their employment, in accordance with this Article of the Convention.

Point IV of the report form. The Committee again requests the Government to supply information on the application in practice of the Convention, as called for under this point.