Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

The Committee notes with interest the information provided in the Government's latest report and the adoption of Decree No. 116 of 1991 concerning the establishment of occupational safety and health bodies at the workplace. The Government is requested to provide further clarification on the following points:

Article 1 of the Convention. The Committee notes the indication in the Government's report that the exclusion of domestic workers from the application of the Labour Code only refers to persons undertaking manual work for the owner of a house, such as cooks, governesses, maids, etc. On the other hand, any work of an industrial nature undertaken at a person's house is covered by the provisions of the Code. Paragraph 1 of this Article, however, provides that this Convention applies to all branches of economic activity. The Government is requested to continue to provide information, in subsequent reports, on any changes made in the legislation which would ensure the application of the Convention to domestic workers.

Article 5, paragraph 4. The Committee notes the indication in the Government's report that inspectors carry out their inspections alone. The Committee would recall that this Article of the Convention provides that employer and worker representatives should have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention. While the inspector may deny this opportunity if he or she considers, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of his or her duties, the general principle embodied in this provision is that representatives of the employer and of the workers should have the opportunity to accompany inspectors. The Committee hopes that the Government will take the necessary measures to ensure that workers and employer representatives have this opportunity and requests the Government to indicate any progress made in this regard.

Article 6, paragraph 2. The Committee notes the indication in the Government's report that the employer is responsible for the safety and health conditions of the workplace, whereas the subcontractor is responsible for furnishing protective equipment to workers. The Committee would once again recall that this provision of the Convention more broadly calls for employers undertaking activities simultaneously at one workplace to collaborate in respect of the overall measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. The Government is requested to indicate any measures taken or envisaged in this regard.

Article 8. 1. Exposure to vibration. Paragraphs 1 and 3. The Committee notes from the Govenment's report that the question of establishing criteria with respect to vibrations is being studied, taking into account present international criteria. The Government is requested to indicate the progress made in this regard and to specify the international criteria taken into account during this review.

2. Exposure to noise. In its previous comments, the Committee noted that section 5(c) of Decree No. 55 of 1983 concerning conditions and protective measures necessary to ensure occupational safety and health at the workplace provides that the employer must take the measures necessary to reduce the level of noise at the workplace and that the levels and duration of exposure to noise shall not exceed the limits set in table 3. Table 3 establishes the maximum duration of exposure to noise exceeding 90dB. The Committee made reference to the ILO's practical directive concerning the protection of workers against noise and vibration at the workplace, 1977, which sets forth a normal warning level threshold limit for exposure to noise at no more than 85dB when no personal protective equipment, such as ear protectors, have been provided. The Government has indicated, in its latest report, that this recommendation will be taken into account when Decree No. 55 of 1983 is amended. The Government is requested to indicate the progress made in this regard.

Article 9. The Committee notes from the Government's report that the law concerning authorization for the use of equipment and installations fixes the general specifications for new enterprises and the specifications for each activity. The Government is requested to provide copies of the relevant laws which set forth the specifications which must be met at the workplace with respect to, in particular, the technical measures which must be taken for the design or installation of new plants or processes which aim at keeping the working environment free, as far as possible, from hazards due to air pollution, noise and vibration.