Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

Convenio sobre el medio ambiente de trabajo (contaminación del aire, ruido y vibraciones), 1977 (núm. 148) - Italia (Ratificación : 1985)

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

The Committee notes the information provided in the Government's latest report and the adoption of Legislative Decree No. 277 of 15 August 1991 which prescribes measures for the protection of workers against hazards of exposure due to lead, asbestos and noise. The Committee also notes the communications made by the Trade Union Association of Public Petrochemical Undertakings (ASAP) and the General Confederation of Commerce and Tourism (CONFCOMERCIO) transmitted by the Government with its report. The Government is requested to provide further information on the following points:

1. Article 1, paragraphs 2 and 3, of the Convention. The Committee notes the Government's indication, in its latest report, that workers in the maritime sector and on board aircrafts are excluded from the scope of application of the relevant legislation. The Government has added that this exclusion is due to the special problems of applying the various technical and administrative provisions in those working environments, but that attempts were being made to find a solution to these problems. In its previous comments, the Committee noted the reservations expressed by the Government, at the time of ratification, with respect to the application of the Convention to the maritime sector. The Committee would recall that Article 1, paragraph 2 of the Convention provides that exclusions from the application of the Convention of particular branches of economic activity may be made after consultation with the representative organizations of employers and workers concerned. The Government is requested to indicate the manner in which these organizations have been consulted concerning the exclusion of the maritime and aircraft sectors from the application of the Convention and to continue to inform the Office, in subsequent reports, of the position of its law and practice, and the extent to which effect has been given or is proposed to be given to the Convention, with respect to these sectors, in accordance with paragraph 3 of this Article.

2. Article 4. The Committee notes the Government's indication that the Ministry of Health and the Ministry of Labour are preparing a document to be distributed to employers and supervisory bodies with respect to the application of Legislative Decree No. 277. The Government is requested to indicate the progress made in this regard.

Article 5, paragraph 4. The Committee notes the Government's indication in reply to its previous comment that no measures have been taken to ensure that workers' and employers' representatives have the opportunity to accompany inspectors while they are supervising the application of the measures prescribed under the Convention, unless the inspector considers that this may be prejudicial to the performance of his or her duties. The Government is requested to indicate in its next report, the measures taken or envisaged to provide workers' and employers' representatives with this opportunity, in accordance with this Article of the Convention.

3. Article 8, paragraph 1. The Committee notes with interest that Legislative Decree No. 277 of 1991 establishes criteria for determining the hazards of exposure, and exposure limits, with respect to lead, asbestos and noise. It notes, furthermore, that section 58 of the Decree calls for provisions to be adopted concerning the assessment of hazards and establishment of exposure limits, in light of the available technical and scientific knowledge, with respect to chemical, physical and biological agents not regulated by the Decree. The Government also indicates in its report that the establishment of criteria to define the hazards of exposure to air pollution, noise and vibration is now being studied by a scientific committee set up under the EEC Commission whose mandate is to propose indicative exposure limits based on the assessment of scientific data. The Government is requested to continue to provide information on any measures taken to establish criteria for determining the hazards of exposure to air pollution (other than the substances already covered by existing legislation) and vibration and to indicate whether any exposure limits have been set on the basis of these criteria.

Article 9. The Committee notes with interest the provisions of Legislative Decree No. 277 of 1991 which call for technical and supplementary measures to be taken to prevent the hazards of exposure due to lead, asbestos and noise. In its previous comments, the Committee noted that section 24 of Act No. 833 empowers the Government to issue a Consolidated Act on safety at work, in particular concerning work reorganization so as to prevent occupational accidents and diseases. In its latest report, the Government has indicated that the time-limit for issuing these standards has expired and that no standards have been issued under this section. The Government adds that Parliament is currently examining a new Act to authorize the Government to issue safety standards which would, in particular, give effect to the EEC Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Government is requested to indicate, in its next report, the progress made in this regard and any other steps taken to ensure that technical or supplementary organizational measures are taken to keep the working environment free from any hazard due to air pollution or vibration.

Article 10. The Committee notes with interest that the Legislative Decree No. 277 of 1991 prescribes the use of personal protective equipment whenever it is not possible to avoid the hazards of exposure to lead, asbestos or noise by other means. It requests the Government to indicate the measures taken or envisaged to ensure that workers are provided with suitable protective equipment whenever exposure to air pollution (other than the substances already covered by existing legislation) or vibration exceeds the limits specified by the competent authority.

Article 12. In its previous comment, the Committee noted that section 20(d) of Act No. 833 requires the notification of substances used by enterprises. In its latest report, the Government has indicated that enterprises must inform the local health unit of the substances present in the production process and their toxicological characteristics. The Government is requested to continue to provide information on any measures taken or envisaged to require notification of processes, machinery and equipment, involving exposure of workers to air pollution, noise or vibration, to be specified by the competent authority.

Article 13. The Committee notes with interest the provisions in Legislative Decree No. 277 of 1991 which provide for workers to be instructed in the measures available for the prevention and control of, and protection against hazards due to lead, asbestos and noise. The Government is requested to indicate the measures taken or envisaged to ensure that workers receive similar instructions with respect to the hazards due to other types of air pollution and to vibration.

Article 15. The Committee notes from the Government's report that no progress has been made in the application of this Article. It requests the Government to continue to provide information on any measures taken to ensure that, on conditions and in circumstances determined by the competent authority, the employer appoints a competent person or service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration.