Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Saint-Marin

Convention (n° 148) sur le milieu de travail (pollution de l'air, bruit et vibrations), 1977 (Ratification: 1988)
Convention (n° 161) sur les services de santé au travail, 1985 (Ratification: 1988)

In order to provide a comprehensive view of the issues relating to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 148 (air pollution, noise and vibration) and 161 (occupational health services) together.

A. General provisions

Occupational Health Services Convention, 1985 (No. 161)

Articles 3(1) and 5 of Convention No. 161. Progressive development of occupational health services. Functions of the health services. The Committee notes the adoption of Regulation No. 7 of 2025, aimed at protecting workers from the effects of heat waves and extreme microclimatic conditions, which includes measures for health surveillance. The Committee also notes the legislative process currently under way to revise Act No. 31 of 1998 on safety and health at the workplace, with the objective of updating its content and consolidating the integration between health protection and prevention. In this respect, the Government states in its report that the revised text will ensure full compliance with the Convention, ensuring modern, effective, and prevention-oriented occupational health services. The Committee requests the Government to continue providing information on the legislative reform of Act No. 31 of 1998 and on the manner in which the reform will contribute to the progressive development of occupational health services.

B . Protection against specific risks

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

Articles 4, 5(2) and 8 of Convention No. 148. Prevention and control of, and protection against, occupational hazards. Establishing criteria for determining hazards due to exposure to air pollution and vibration and exposure limits. Consultation with employers’ and workers’ representatives. The Committee previously noted that section 28 of the Act No. 31 of 1998 provides that the maximum limits of acceptability regarding physical factors, including noise, vibration and air flow in the workplace, shall be provided for by specific decrees. It noted that while an implementing decree related to the protection of workers against the risks of exposure to noise had been adopted, no implementing decrees had been adopted with respect to air pollution and vibration. The Committee notes the Government’s indication that the regulations already referenced in previous reports continue to represent the main reference framework for the protection of workers and that such regulations are supplemented and supported by guidelines developed by the Prevention Department of the Social Security Institute. The Government further indicates that these technical and scientific documents provide detailed guidance on how to monitor and manage risks related to air pollution and vibrations. The Committee once again requests the Government to take the necessary measures to ensure that the effect is given to Articles 4 and 8 of the Convention with respect to air pollution and vibration. It also requests the Government to indicate whether it plans to adopt the decrees regarding air pollution and vibration, as foreseen by paragraph 3 section 28 of the Act No. 31 of 1998, and to provide information on any consultation undertaken or envisaged with employers’ and workers’ representatives in this regard. Lastly, it requests the Government to provide information on any technical guidelines developed by the Prevention Department of the Social Security Institute concerning the implementation of the Convention.

Article 11(3). Alternative employment or other measures to maintain the income of transferred workers. Noting the lack of information, the Committee once again requests the Government to take the necessary measures to ensure that the workers concerned are provided with suitable alternative employment or measures to maintain their income through social security measures or otherwise, where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, in conformity with Article 11(3) of the Convention.

Article 16. Penalties and inspection service. Application in practice. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on the application of the Convention in practice.