Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 148) sur le milieu de travail (pollution de l'air, bruit et vibrations), 1977 - Italie (Ratification: 1985)

The Committee notes with interest the information supplied in the Government's first and second reports on the application of the Convention, as well as the observations made by the General Confederation of Italian Agriculture and the Confindustria and transmitted by the Government.

1. Article 1, paragraphs 1, 2 and 3 of the Convention. The Committee notes with interest the Government's indication in its first report that the Convention applies to all branches of economic activity. In view of the reservations which had been expressed by the Government at the time of ratification in respect of the maritime sector, the Committee requests the Government to confirm, in its next report, its position in this regard.

2. The Committee would recall that specific measures concerning the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration need to be taken in order to ensure the full application of Part III of the Convention. It therefore requests the Government to provide further information on the following points:

Article 8, paragraphs 1, 2 and 3. The Committee requests the Government to indicate the criteria established by the competent authority for determining the hazards of exposure to air pollution, noise and vibration and to indicate whether the opinions of technically competent persons designated by the most representative employers' and workers' organisations are taken into account in the elaboration of these criteria. The Committee notes with interest that the collective agreement for the National Enterprise for the Petrochemical Industry (Chimici Eni) contains threshold limit values recommended by the American Conference of Government Industrial Hygienists. The Committee requests the Government to provide copies of the provisions of any other collective agreements which set forth exposure limits with regard to air pollution, noise and vibration and to indicate the progress made towards specifying exposure limits in this regard for all branches of economic activity. Finally, the Committee notes that section 24, paragraphs 2 and 14 of Act No. 833 of 23 December 1978 to establish the National Health Service refer to rules to be drafted by the Ministry of Labour to ensure the revision of regulations concerning safety and health. By virtue of section 24, a consolidated Act on safety at work was to have been issued by the Government by 31 December 1979. The Committee requests the Government to provide a copy of this consolidated Act, if it has been adopted, and to indicate the measures taken to ensure that the criteria and exposure limits provided for in accordance with this Article of the Convention are supplemented and revised regularly in the light of current national and international knowledge and data.

Article 9. The Committee notes that section 24 of Act No. 833 empowers the Government to issue a Consolidated Act on safety at work, in particular concerning work reorganisation so as to prevent occupational accidents and diseases. The Committee requests the Government to indicate the steps which have been taken in accordance with this section to ensure that technical or supplementary organisational measures are taken to keep the working environment free from any hazard due to air pollution, noise or vibration.

Article 10. The Committee requests the Government to indicate the measures taken to ensure that employers provide workers with suitable personal protective equipment whenever air pollution, noise and vibration limits exceed the limits specified by the competent authority.

Article 11, paragraph 2. The Committee notes from the information supplied in the Government's report and the observations made by the Confindustria that, in practice, the medical examinations are given free of cost to the worker concerned. It requests the Government to indicate the measures taken to ensure that these examinations are provided at no cost to the worker.

Paragraph 3. The Government has indicated that suitable alternative employment or income maintenance is provided to workers who have been medically advised to stop any work involving exposure to asbestos or silica. The Committee requests the Government to indicate the measures taken to ensure the application of this provision to workers who are medically advised not to continue in work assignments involving exposure to air pollution, noise or vibration.

Paragraph 4. The Committee requests the Government to indicate whether implementation of this Convention has any adverse affects on the rights of workers under social security or social insurance legislation.

Article 12. Section 20(d) of Act No. 833 requires the notification of substances used by enterprises, their toxic characteristics and the possible affects on human beings and the environment. The Committee requests the Government to indicate whether the competent authorities have also specified the processes, machinery and equipment involving exposure of workers to air pollution, noise and vibration, use of which also requires notification. It also requests the Government to indicate whether the competent authority is empowered to prescribe conditions for the use of any of these processes, substances, machinery or equipment or prohibit such use.

Article 13. Section 4 of Presidential Decree No. 303 of 19 March 1956 concerning general occupational health regulations provides that the employer has a general duty to inform workers of the health hazards associated with their work and ways of preventing these hazards. Article 13(b) of the Convention, however, also provides that workers shall be adequately instructed (not merely informed) in the measures available for the prevention and control of and protection against hazards due to air pollution, noise and vibration. The Committee, therefore, requests the Government to indicate steps taken to ensure that workers are adequately instructed, by means of training or other forms of practical instruction, in the prevention, protection and control measures.

Article 15. The Committee requests the Government to indicate the conditions and circumstances determined by the competent authority in which employers are required to appoint a competent person to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

3. Article 4. The Committee requests the Government to indicate the technical standards, codes of practice or other appropriate methods adopted to ensure the practical implementation of the Convention.

Article 5, paragraphs 1 and 4. The Committee notes the Government's statement in its report that it is standard practice to consult the social partners with regard to the preparation of safety and health regulations. It requests the Government to indicate the measures taken to ensure that, in giving effect to the provisions of this Convention, the competent authority acts in consultation with the most representative employers' and workers' organisations. It also notes that it is standard practice for labour inspectors to invite workers' representatives to accompany them on their inspections, whenever this is considered necessary. The Committee would recall that under Article 5, paragraph 4, of the Convention, employers' and workers' representatives should generally have the opportunity to accompany inspectors while they are supervising the application of the measures prescribed under the Convention, except in cases where the labour inspectors consider, in light of general instructions established by the competent authority, that this may be prejudicial to the performance of their duties. The Committee requests the Government to indicate the measures taken in this regard.