Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre seguridad y salud en la construcción, 1988 (núm. 167) - Iraq (Ratificación : 1990)

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.