Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. The Committee notes the Government’s report. It notes with interest the adoption of the Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 2001 (S.I. No. 619 of 2001) which provides practical guidance as to the observance of the provisions of the Regulations in relation to occupational exposure limit values for a range of chemical agents as listed in Schedule 1 of the Code, which came into effect on 1 April 2002 and replaced the "2001 Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 1994 (S.I. No. 445 of 1994)". The Committee notes that the 2001 Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations continues to be in conformity with Article 1 of the Convention. The Committee further notes the Government’s indication that the Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) Regulations of 2001 (S.I. No. 619 of 2001) will be revised by the National Authority for Occupational Safety and Health on a biennial basis. The Committee invites the Government to communicate a copy of the revised Code of Practice for Safety, Health and Welfare at Work (Chemical Agents) once it had been adopted.

2. Article 5 of the Convention. The Committee notes the adoption of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) which replaces the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 1993 (S.I. No. 80 of 1993) and which continues to be in conformity with Article 5 of the Convention. The Committee notes that Regulation 12, paragraph 1, of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) provides for the detailed requirements related to health surveillance. According to Regulation 12, paragraph 1, of the Code of Practice for Safety, Health and Welfare at Work (Carcinogens) Regulations of 2001 (S.I. No. 078 of 2001) employers must ensure that health surveillance, where required, is made available prior to exposure and at regular intervals thereafter. The Committee requests the Government to provide particulars of the nature of the examinations, the prescribed tests and their frequency.

3. Part IV of the report form. The Committee notes with interest the findings contained in the Health and Safety Authority Annual Report, 2002. According to the report, the Authority significantly exceeded its targets for the processing of new substances notifications and exemptions due to a period of significant innovations in the pharmaceutical industry. Besides, the Authority was also involved in an extensive consultation on the new EU Chemicals Policy. The Committee further notes the information contained in the report concerning the inspections carried out and the outcomes of the cases, brought before the District and Circuit Courts, which were related to convictions under the Safety, Health and Welfare Act, 1989, and the Regulations adopted thereunder. The Committee invites the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.