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

1. The Committee notes the Government’s reports and the adoption of the Occupational Health and Safety Act (No. 5), 2003. The Committee notes with interest that the Occupational Health and Safety Act, 2003 gives effect to Article 7, paragraph 2, Article 10, Article 11, paragraphs 1 and 2, Article 12, Article 13, Article 15 of the Convention.

2. The Committee also notes that issues regarding the Convention would be addressed in the forthcoming Labour Law Reform Phase Two and in particular in rules and regulations that would be made under the Occupational Health and Safety Act, 2003. The Committee requests the Government to keep it informed in this regard.

3. Article 4, paragraph 1. The Committee notes that, in accordance with section 108 of the Occupational Health and Safety Act, the Factories Ordinance was repealed and that regulations, rules and orders which were in force prior to the commencement of this Act shall be deemed to have been made under it. Referring to its previous comments related to the Government’s intention to emend the Factories (Supervision and Safety) Rules, 1943, the Committee expresses its hope that an amended version of the text in question will give full effect to the Convention with regard to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. The Committee asks the Government to keep it informed of any developments in this respect and to provide a copy of the new text as soon as it has been adopted.

4. Article 4, paragraph 2. The Committee notes that no information has been provided on the measures taken with a view to ensure the practical implementation of the legal requirements for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. The Committee hopes that the Government will adopt the necessary measures to ensure the practical implementation of this provision of the Convention and that the Government will inform the Committee, in its next report, on the progress achieved in this regard.

5. Article 8. The Committee notes that in accordance with section 61, subsection (2), of the Occupational Health and Safety Act, 2003 the Minister may make rules and regulations prescribing standards for the emission level in respect of dusts or fumes or other impurities of such a character. The Committee hopes that such rules/regulations will be adopted and will require that the criteria for determining the hazards of exposure to air pollution in the working environment shall be established by the competent authority and shall specify exposure limits on the basis of these criteria (paragraph 1); that in the elaboration of the criteria and the determination of the exposure limits the competent authority shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned (paragraph 2); that the criteria and exposure limits will be supplemented and revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace (paragraph 3).

6. Article 11, paragraph 3. The Committee notes that sections 71 and 72 of the Occupational Health and Safety Act, 2003 stipulate that no employer shall cause his employees to carry out work that is not adapted to their physical and cognitive capabilities and limitations. The Committee requests the Government to indicate measures taken or envisaged 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 security measures.

Article 12. The Committee notes the procedure of registration of factories or workplaces, established in Part III of the Occupational Health and Safety Act, 2003, under which the Chief Inspector, as the competent authority, may control the premises and, in the case of satisfaction that they are suitable for use, may grant (or refuse) to issue a certificate of registration, accordingly to sections 17, subsection (2), and 19 of the abovementioned instrument.