Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

With reference to its previous comments, the Committee notes that a committee has been named by the President to prepare a new draft of regulations under the Organic Act respecting prevention and working conditions and the environment (OPCYMAT). It notes that the preparation of the said draft regulations has been completed in consultations with and the participation of employers and workers, and that they will be submitted to the Council of Ministers shortly for its consideration and approval. The National Institute for Prevention and Occupational Safety and Health will implement these regulations. The Committee hopes these regulations will be adopted shortly and a copy of the adopted text sent to the Office. It hopes these will enable the Government to address the Committee’s previous comments which read as follows:

  Article 4 of the Convention.  The Committee recalls that the Government had reiterated on various occasions that it would adopt the necessary measures to develop a coherent national policy on occupational safety, occupational health and the working environment. The Committee recalls that it has been urging the Government since 1990 to adopt the necessary measures to give effect to this provision of the Convention. The Committee therefore hopes that the Government will be able to provide detailed information in its next report on the measures which have been taken with a view to the formulation of a coherent national policy on occupational safety, occupational health and the working environment, in consultation with the most representative organizations of employers and workers, as envisaged by this Article of the Convention.

  Article 5.  The Committee recalls that, in accordance with this Article, account shall be taken, when formulating the coherent national policy on occupational safety, occupational health and the working environment, of the relationships between the material elements of work and the persons who carry out or supervise the work, and adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers (point (b) of this Article of the Convention), as well as communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level (point (d) of Article 5 of the Convention). The Committee notes the information provided by the Government concerning the functions of occupational safety and health committees and the activities of the labour inspectorate in relation to these committees and it once again requests the Government to provide detailed information on the measures adopted to give effect to the above points of this Article of the Convention.

  Article 8.  The Committee hopes that the Government will be able to indicate the adoption, in its next report, of the regulations to be issued under the Organic Act respecting prevention and working conditions and environment (OPCYMAT), which it has been announcing for many years. The Committee also hopes that, as it has already indicated on other occasions, the adoption of the above regulations will contribute to strengthening supervision of the manner in which laws and regulations on occupational safety and health and the working environment are applied through an adequate and appropriate system of inspection (Article 9).

  Article 11.  The Committee notes with interest the document entitled "Industrial health and safety programme - General aspects - COVENIN Standard No. 2260-88" in relation to the application of this Article. The Committee requests the Government to provide information on the measures adopted so that the competent authorities can ensure the determination of health hazards due to the simultaneous exposure to several substances or agents (point (b) of this Article) and the publication, annually, of information on measures taken in pursuance of the national policy on occupational safety, occupational health and the working environment (point (e) of this Article).

  Article 12(b) and (c).  The Committee regrets to note that the Government has not replied to its request concerning this Article of the Convention. It once again requests the Government to provide information on the measures adopted to give effect to this Article, which concerns compliance with national standards for the design, manufacture, import or provision of machinery or equipment or substances for occupational use.

  Article 17.  The Committee regrets to note that once again the Government has not provided any information on the measures adopted to give effect to this Article, which requires the adoption of legislative or other measures to require enterprises which engage in activities simultaneously at one workplace to collaborate in applying the requirements of the Convention. The Committee hopes that the Government will take the necessary measures to provide the requested information.

[The Government is asked to report in detail in 2002.]