Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee notes the information contained in the Government's reports in reply to its previous comments.

1. Further to its previous comments, the Committee notes the information that the national policy (programme) on occupational safety and health which was expected to be accepted in the second half of 1997 was only ready by February 1998 owing to prolonged consultations. Having been prepared as a parliamentary resolution, the policy could not be enacted as legislation because of the preparations for the general elections which took place in the spring of 1998 and because of other problems related to coordination. It is expected that the policy will be accepted in 1999. The Committee hopes that the policy/programme on occupational safety and health will be adopted shortly and a copy will be sent to the Office.

2. The Committee notes from the Government's report that several regulations implementing and supplementing the provisions of Act No. 93 concerning occupational safety and health have been adopted. With a view to examining this and the questions raised by the Committee in its previous comments, the Committee requests the Government to provide copies of the following texts:

Minister of Welfare Decree No. 25/1996. (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health (text also requested under Convention No. 148, direct request 1997);

Minister of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk (text also requested under Convention No. 148, direct request 1997), as amended by Minister of Welfare Decree No. 57/1997 (XII.21) NM;

Minister of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure (text also requested under Convention No. 148, direct request 1997);

Government Decree No. 233/1996 (XII.26) on rules of procedure concerning hazardous substances and hazardous preparations and its modifying Government Decree No. 70/1998 Korm, and Minister of Welfare Decree No. 4/1997 (II.21) NM on its execution as amended by Government Decree No. 143/1997 (IX.3) Korm, and Minister of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;

Minister of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;

Minister of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries.

Ministry of Industry, Trade, and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents;

Minister of Welfare Decree No. 59/1997 (XII.21) NM.

The Committee requests the Government to also indicate in detail which provisions of these Decrees and regulations provide for its previous comments which were formulated as follows:

Article 5(a) and (b) of the Convention. The Committee notes that several provisions of Act No. 93 of 1993 deal with the design, choice, installation, use and maintenance of the material elements of work such as workplaces, tools, machinery, equipment and work processes. The Government is requested to provide information on provisions dealing with chemical, physical and biological substances and agents.

Article 11(a), (b), (e) and (f). The Committee notes that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Government is requested to provide information related to measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the workers' health.

Article 12. Please indicate the measures taken or contemplated with a view to ensuring that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

Article 16, paragraph 2. Please indicate provisions of national laws whereby employers are required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health.

Article 19(f). Please indicate the legislative or practical measures taken to give effect to this provision.