Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

1. The Committee notes the reasons given in the Government's latest report concerning its choice to accept the obligations of the Convention only in respect of air pollution. The Government has further stated that the draft Industrial Hygiene Bill, which is in its final stages, prescribes rules concerning noise and vibration. The Government is requested to keep the Office informed in subsequent reports of any progress made in the adoption of this Bill, as well as any other changes in the law and practice in respect of hazards due to noise and vibration and to specify the extent to which effect is proposed to be given to the Convention in respect of these hazards, as called for under Article 2, paragraph 2, of the Convention.

2. Tanganyika. The Committee notes the information provided in the Government's report in reply to its previous comments with respect to the mainland. It further notes from the Government's report that the proposed occupational safety and health legislation, which has been discussed by the Labour Advisory Board and is to be reviewed by the competent authority prior to being placed before the Parliament, covers most branches of economic activity, in accordance with Article 1 of the Convention. The Committee requests the Government to communicate a copy of this new legislation to the Office as soon as it is adopted and hopes that it will take into consideration its comments on the following points:

Article 5, paragraph 4. The Committee notes the Government's indication that, under section 9(2)(a)(iv) of the 1955 Employment Ordinance, an employer may be required to produce an employee to accompany an inspector during a visit. The Committee would point out, however, that this paragraph of the Convention provides that workers' representatives shall have the opportunity to accompany inspectors supervising the application of the prescribed measures, unless the inspectors consider that this may be prejudicial to the performance of their duties. This opportunity to accompany inspectors should not be linked to an inspector's requirement that a worker be present, but rather a general provision permitting workers to be present unless the inspector considers this to be prejudicial. The Government is therefore requested to indicate the measures envisaged to ensure that workers have such an opportunity to accompany inspectors during their visits.

Article 6, paragraph 2. As the Government has not replied to the Committee's previous comments concerning this provision of the Convention, it is once again requested to indicate the measures taken 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 his or her employees' health and safety.

Article 7, paragraph 2, and Article 13. The Committee notes the indication in the Government's report that, while the provision of information to workers on occupational hazards at the workplace largely depends upon the employer, no specific instructions exist concerning the measures available for the prevention and control of, and protection against, hazards due to air pollution. The Government is requested to indicate the measures envisaged to ensure that workers, in practice, are adequately and suitably informed of the potential occupational hazards due to air pollution.

Article 8. As the Government has indicated that no change has occurred concerning the application of this Article, it is requested to keep the Office informed of any progress made in establishing criteria for determining the hazards of exposure to air pollution as well as any exposure limits set on the basis of these criteria.

Article 9. The Government is requested to indicate the steps envisaged to adopt technical measures 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.

Article 11, paragraphs 1, 2 and 3. The Committee notes the indication in the Government's report according to which workers are provided with pre-assignment and periodical medical examinations free of cost. The Government is requested to indicate the nature and frequency with which such examinations are provided to workers exposed to air pollution. Furthermore, the Government has indicated that, in practice, workers are provided with alternative employment when it is medically inadvisable for them to continue to be assigned to work involving exposure to air pollution. The Government is requested to keep the Office informed of any steps taken to ensure that such workers are provided with suitable alternative employment or other means of maintaining their income.

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, determined by the competent authority, which involve exposure to occupational hazards due to air pollution, and should empower the competent authority to authorize or prohibit this use.

3. Zanzibar. The Committee notes that the Government's report does not reply to its previous comments concerning Zanzibar. It hopes that the Government's next report will contain full details concerning the application in Zanzibar of Article 4, Article 5, Article 6, paragraph 2, Article 7, paragraph 2, Article 8, Article 9, Article 10, Article 11, paragraphs 1, 2 and 3, Article 12, Article 13 and Article 15 of the Convention.

4. The Committee notes from the Government's report that statistics on the number of workers covered by the relevant legislation and the number and nature of contraventions reported are not readily available, but that they shall be provided with the next report. The Government is requested to provide the Office with any statistics relevant to the practical application of the Convention, as well as any relevant extracts from inspection reports, with its next report.