Solicitud directa (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

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

The Committee notes the Government's report and the comments made by the Italian General Confederation of Labour (CGIL) and the Trade Union Association of Public Petrochemical Undertakings (ASAP). It requests the Government to provide supplementary information on the following points.

Article 1, paragraphs 2 and 3, of the Convention. Referring to the previous comments on the exclusion of workers in the maritime and air navigation sector from the scope of application of the relevant legislation, the Committee recalls that Article 1, paragraph 2, of the Convention provides that, after consultation with the representative organizations of employers and workers concerned, particular branches of economic activity may be excluded from the scope of the Convention. The Committee notes that in its comments the Italian General Confederation of Labour criticizes the exclusion of workers in the maritime sector and workers on board aircraft from the field of application of the relevant legislation, and this criticism is shared by the Italian Confederation of Workers' Unions and the Italian Union of Labour. It stresses that no consultation with the organizations of workers concerned took place. The Committee again requests the Government to indicate the manner in which these organizations were consulted concerning the exclusion of workers on board ships and aircraft from the scope of the Convention. It is also requested to continue to inform the Office, in subsequent reports, on the position of its law and practice concerning these branches, specifying 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.

Article 4. Referring to previous comments, the Committee again requests the Government to provide information on the progress made by the Ministry of Health and the Ministry of Labour in preparing a document to be distributed to employers and the supervisory body with respect to the application of Legislative Decree No. 277 of 15 August 1991, which was mentioned in the Government's 1991 report.

Article 8, paragraph 1. Referring to its previous comments, the Committee notes that according to the Government's report the Ministry of Health, through the Higher European Institute for Prevention and Safety (ISPELS) has established records in order to supervise exposure of workers to risks and to assess these risks on the basis of a procedure which is now being formulated. It requests the Government to provide information on any progress made in this regard.

Article 8, paragraphs 2 and 3. The Committee notes the comments of the CGIL that, contrary to what that organization requested during discussions on Legislative Decree No. 277/91, there is no application machinery for updating the figures of exposure limits: in other words, there is no national body responsible for defining the limits of exposure of workers to occupational risks nor of criteria laid down for fixing exposure limits. Finally, the CGIL indicates the absence of a consultation procedure for experts designated by the most representative organizations of employers and workers concerned whose opinion, from the technical point of view, must be taken into consideration, according to paragraph 2 of this Article, in the elaboration of the criteria for determining the exposure limits.

The Committee requests the Government to indicate whether the opinion of technically competent persons designated by the most representative organizations of employers and workers is taken into consideration by the competent authority in the elaboration of the criteria and the determination of exposure limits, and in what manner. The Committee also requests the Government to describe the procedures by which the criteria and exposure limits are supplemented and revised at regular intervals in the light of new national and international knowledge and data.

Article 9. The Committee refers to its previous comments which concerned, in particular, the possibility of ensuring application of the provisions of this Article regarding the eradication of risks due to air pollution and vibration, by measures taken by the Government in the application of a future law (which must give effect to European Directive No. 89/391) of which the draft was before Parliament. It hopes that the text in question will be adopted in the near future and that appropriate measures - either technical measures or organization of work - will be taken in accordance with this Article. The Committee requests the Government to send it a copy of the text when adopted and all information on progress made in this regard.

Article 10. The Committee notes with interest that Legislative Decree No. 475 of 4 December 1992 lays down quality standards and requirements for the three categories of provisions for individual protection against risks of physical injury. These facilities must, according to section 1, paragraph 2, of the Decree, be made available to workers. The Committee notes that no provision of this Decree nor any other provision of national law specifies who, in accordance with this Article, is responsible for providing and maintaining individual protection equipment whenever exposure to air pollution (by substances other than those covered by existing legislation) or vibration exceeds the limits set by the competent authorities. It therefore requests the Government to indicate the measures which give effect to this provision.

Article 12. Referring to its previous comments, the Committee requests the Government to supply information on the measures designed to ensure notification of the procedures, machinery and materials specified by the competent authority which result in workers being exposed to air pollution, noise or vibration.

Article 13. Further to its previous comments, the Committee notes the reference made by the Government in its report to Legislative Decree No. 77 of 1992 on the protection of workers' health against risks of exposure to chemical agents which lays down certain specific measures in particularly critical production situations when the concentration of harmful substances becomes higher than the level prescribed, along with the right of workers (or their representatives) to be informed of precautions to be taken in these situations.

The Committee notes the decisions of the Court of Appeal of 24.03.81 and 18.10.90 prescribing that workers must be informed on specific risks or possible prejudicial consequences during work and that the manufacturers and sellers of machinery are obliged to give appropriate instructions and directives to be observed during adjustment operations.

The Committee has taken due note of the Government's indication concerning the signing on 5 March 1992 by the General Confederation of Industry (CONFINDUSTRIA) on the one hand, and the CGIL, Italian Confederation of Workers' Unions (CISL) and the Italian Union of Labour (UIL) on the other, of an agreement which provides for the establishment of an observatory of which one function is to promote initiatives in the field of vocational training in occupational health and safety. The Committee requests the Government to provide a copy of this agreement and to continue to inform the Bureau on the state of its legislation and practice concerning the extension of the obligation to give adequate and appropriate instructions to workers regarding means to prevent or restrict hazards due to air pollution by substances other than those already covered by current legislation and to vibration.

Article 15. The Committee notes the reference made by the Government to section 11 of the draft Legislative Decree prepared on the basis of European Directive No. 89/391. This section provides that the employer should designate in his enterprise one or more persons to carry out tasks in the prevention of accidents and protection of workers service and that one of these people should be responsible for the service. The Committee requests the Government to send it a copy of this text when adopted.