Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

I. The Committee notes the information provided by the Government concerning the application of the Convention in Zanzibar. It notes, however, that the Government's report does not reply to the previous comments made by the Committee which were based on information provided by the Government in its first and second reports concerning the application of the Convention in the Mainland. In this regard, the Committee once again requests the Government to specify the reasons for which, when ratifying the Convention, it had only accepted the obligations in respect of occupational hazards due to air pollution, as under Article 2, paragraph 2, of the Convention this information is to be provided with the first report. The Government is also requested to supply information in its next report on the position of the law and practice in respect of hazards due to noise and vibration and to specify the extent to which it is proposed to give effect to the Convention in respect of these hazards.

II. Tanganyika

1. The Committee hopes that the Government's next report will contain full information on the following matters which were raised in its previous direct request.

2. The Committee noted the Government's statement in its first and second reports that legislation to complete the Factories Ordinance Cap. 297 of 1950 was then being formulated. The Committee hopes that this legislation will be adopted in the near future and that the provisions will be designed to give full effect to the Convention, particularly with regard to the following points:

Article 1 of the Convention. The safety measures laid down and the national legislation adopted in pursuance of the Convention should cover all branches of economic activity; the exclusion of any particular branch can only be determined after consultations with the most representative organisations of employers and workers. (Section 5 the Factories Ordinance excludes mining, shipping, fishing and agriculture from the scope of its application.)

Article 5, paragraph 4. The national legislation should, in accordance with the Convention, provide for the representatives of workers in the enterprise to have the opportunity of accompanying inspectors supervising the application of the prescribed measures. (The 1955 Employment Ordinance only gives this opportunity to employers.)

Article 6, paragraph 2. Provisions should be adopted to ensure that employers who undertake activities simultaneously at one workplace have the duty to collaborate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of his employees.

Article 11, paragraphs 1 to 3. National regulations should provide, in the case of workers who are exposed or liable to be exposed to occupational hazards due to air pollution, for a preassignment medical examination and periodical examinations during employment; this medical supervision must be free of cost to the worker concerned. Furthermore, provisions should be adopted in order to protect workers whose continued assignment to work is found to be medically inadvisable, either by providing them with alternative employment, or arranging for them to receive social security benefits, in accordance with paragraph 3 of this Article.

Article 12. National regulations should lay down the obligation to notify the competent authority of any use in the workplace of processes, substances, machinery and equipment which involve exposure to occupational hazards due to air pollution, and should empower the competent authority to authorise or prohibit this use. (The Factories Ordinance only makes notification compulsory for enterprises using steam-driven machinery and boilers.)

The Government is requested to indicate, in its next report, the measures taken to give effect to these provisions.

3. The Committee also requested the Government to supply additional information on the following points:

Article 4, paragraph 2. The Government indicated in its report for the period ending October 1987 that the technical standards for the application of the prescribed measures would be established after occupational health and safety regulations have been adopted. The Committee hopes that these application procedures will be established in the near future and that the next report will indicate the progress achieved in this respect. The Government is also requested to provide a copy of the occupational health and safety regulations as soon as they are adopted. (For the determination of technical standards the Government could consult the ILO Code of Practice on "Occupational Exposure to Airborne Substances Harmful to Health" (1980), and other ILO publications on this subject.)

Article 5, paragraphs 1 to 3. The Government indicated in its previous reports that the laws and regulations formulated were communicated to the most representative organisations of employers and workers. The Government is requested to indicate whether consultations with the above organisations also took place during the formulation of this legislation and whether provision was made for collaboration between employers and workers at all levels in the application of the safety measures, as laid down in the Convention.

Article 7, paragraph 2, and Article 13. The Committee had noted from the reports that workers may present proposals on safety measures to the Minister of Labour through the inspector of factories. It also noted that they may receive certain information through the general manager of the workplace or through labour inspectors. The Committee requests the Government to indicate in its next report: (a) the extent to which and the manner in which the persons concerned are informed of potential occupational hazards in the working environment due to air pollution; (b) the specific instructions given to them on the measures available for the prevention and control of, and protection against, those hazards and the frequency with which these instructions are given; and (c) the type of training given to these workers.

Article 8. The Government's previous reports did not contain information on the criteria established for determining the hazards of exposure to air pollution, although they indicated that the proposed exposure limits are those recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) and the Occupational Safety and Health Administration (OSHA). The Government also indicated that up to the present it had not been possible to revise the exposure limits applicable in the country due to a lack of appropriate instruments and technical knowledge.

The Committee has noted these indications and hopes that the Government will make every effort to establish criteria for determining the above occupational hazards, with the assistance of technically competent persons (some of whom should be designated by the occupational organisations concerned) and that it will also be able to revise and complete these criteria and exposure limits on the basis of new national and international data.

Article 9. The Government is requested to indicate whether appropriate technical measures are adopted respecting new plant or processes being designed or installed in order to eliminate, as far as possible, any hazard due to air pollution at the workplace.

III. Zanzibar

1. The Committee notes from the Government's report concerning the application of the Convention in Zanzibar that provisions concerning the practical implementation of the Convention may be adopted through Government circulars or the official government gazette. The Committee recalls that, under Article 4 of the Convention, national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution and that provisions concerning the practical implementation of the measures may be prescribed through technical standards, codes of practice and other appropriate methods. It notes from the Government's report that no regulations have yet been adopted to give effect to the Convention. The Government is requested to provide information on the measures taken or envisaged to prescribe measures for the prevention and control of, and protect against, occupational hazards due to air pollution.

2. Article 5, paragraphs 1, 2 and 3. The Committee recalls that this Article provides that the competent authority shall act in consultation with the most representative organisations of workers and employers in giving effect to the provisions of this Convention and that representatives of employers and workers shall be associated with the elaboration of provisions concerning the practical implementation of the measures prescribed to ensure the prevention and control of, and protection against, occupational hazards due to air pollution. The Committee notes from the Government's report that there is no representative employers' organisation and that, consequently, there is no consultation between the workers and the representative employers' association concerning the practical implementation of the measures. It would point out that paragraph 2 of Article 5, concerning association in the elaboration of implementing provisions, only refers to representatives of employers and workers, not necessarily their organisations. The Government is requested to indicate the measures taken to associate representatives of employers and workers with the elaboration of provisions through technical standards, codes of practice and other methods to give effect to the Convention (paragraph 2). The Government is also requested to indicate the measures taken to ensure close collaboration between employers and workers in the application of the measures prescribed in pursuance of the Convention (paragraph 3), and to report on any future developments regarding the setting up of employers' organisations (paragraph 1).

3. Article 5, paragraph 4. The Committee notes from the Government's report that an inspector may require workers' representatives to accompany him or her during the course of supervising the application of the prescribed measures. The Committee recalls that this provision of the Convention requires that workers' and employers' representatives shall have the opportunity to accompany inspectors, unless the inspector considers, in the light of general instructions, that this may be prejudicial to the performance of his or her duties. The Government is requested to provide information on the measures taken to ensure that workers' or employers' representatives have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention.

4. Article 6, paragraph 2. The Committee notes the indication in the Government's report that regulations laid down by the factories inspectorate entail general procedures for the collaboration between two or more employers undertaking activities simultaneously at one workplace. The Government is requested to provide a copy of these regulations with its next report.

5. Article 7, paragraph 2, and Article 13. The Committee notes from the Government's report that workers or their representatives can present proposals and obtain information and training from the management of the undertaking. It further notes that workers may appeal to the factories inspectorate to ensure the protection prescribed by the Convention. The Government is requested to indicate: (a) the extent to which and the manner in which the persons concerned are informed of potential occupational hazards in the working environment due to air pollution; (b) the specific instructions given to them on the measures available for the prevention and control of, and protection against, those hazards and the frequency with which these instructions are given; and (c) the type of training given to these workers.

6. Article 8, paragraphs 1, 2 and 3. The Committee notes from the Government's report that no legally enforceable exposure limits have been established yet, but that the competent authorities publish when necessary lists of advisory exposure limits based on those recommended by the International Standards Organisation. The Government is requested to provide further information on the specific standards which have been published by the competent authorities as concerns air pollution and to indicate whether these standards appear as recommendations to be taken into consideration at the workplace or whether the employer is obliged to comply with them. The Government is also requested to indicate the measures taken or envisaged to establish, supplement and regularly revise criteria (taking into account the opinion of competent persons designated by the most representative organisations of employers and workers concerned, current national and international knowledge and data, and any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace) for determining the hazards of exposure to air pollution.

7. Article 9. The Committee notes from the Government's report that every person who constructs a factory shall before commencing construction, apply for a factory permit and include detailed information concerning site and location plans and the proposed layout of machinery. The Committee recalls that this Article of the Convention calls for technical measures concerning the design or installation of plants or processes and supplementary organisational measures which shall keep the working environment free, as far as possible, from any hazards due to air pollution. The Government is requested to indicate whether any such technical or supplementary organisational measures exist or are envisaged for any workplaces where potential hazards due to to air pollution exist.

8. Article 10. The Committee notes that section XIV(b) of the Labour Regulations concerning Private Companies, Enterprises and Corporations of 1987 provides that protective equipment shall be furnished to all workers who have the right to such equipment. The Government is requested to indicate the measures taken to ensure that all employees working in an environment where exposure limits to air pollution are exceeded have the right to be provided with suitable personal protective equipment.

9. Article 11, paragraphs 1, 2 and 3. The Committee notes from the Government's report that workers are to be provided with pre-placement, periodic and special medical examinations. The Committee requests the Government to indicate the manner in which it is ensured that all workers exposed to hazards due to air pollution are subject to these medical examinations and that they are free of cost to the worker. The Government is also requested to indicate the measures taken to ensure that every effort is made to provide a worker whose continued assignment to work involving exposure to air pollution is medically inadvisable with suitable alternative employment or to maintain his or her income through social securtiy measures.

10. Article 12. The Committee notes from the Government's report that the particulars of the processes, substances, machinery and equipment which must be notified have not been explicitly identified, but that regulations are presently being drafted by the factories inspectorate to cover general conditions of the working environment. The Committee hopes that these regulations will be drafted in the near future and that they will indicate the processes, substances, machinery and equipment, the use of which must be notified to the competent authority.

11. Article 15. The Committee notes from the Government's report that every employer has to appoint at least one of his or her employees to deal with the safety and health of the workers or must form a committee on health and safety which will enable the employee to co-operate effectively in promoting and developing measures to ensure safety and health at the workplace. The Government is requested to indicate the conditions and circumstances determined by the competent authority when the employer is required to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution in the working environment.

IV. The Government is requested to continue to provide information on the practical implementation of this Convention, such as relevant extracts from inspection service reports, any statistics available on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported.