Occupational Health Services Convention, 1985 (No. 161) - Hungary (Ratification: 1988)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 127 (maximum weight), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services), and 167 (safety and health in construction) together.

The Committee notes the observations of the Forum for the Co-operation of Trade Unions (SZEF) and the Hungarian Trade Union Confederation (MASZSZ), received in 2024. It also notes the observations made by the workers’ representatives of the National ILO Council communicated with the Government’s reports concerning Conventions Nos 155 and 167.

General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

The Committees notes the information provided by the Government on the implementing measures giving effect to Article 11(b) (on determination of work processes, substances and agents subject to authorization or control), Article 11(f) (systems to examine chemical, physical and biological agents in respect of the risk to the health of workers) and Article 16 of the Convention (employers’ responsibilities) which responds to its previous request.

Articles 4, 7 and 8 of Convention No. 155. National OSH policy and review of the national OSH situation. Following its previous comments, the Committee notes the Government’s indications in its report regarding the adoption of the national OSH policy for the period 2016–22, in consultation with the most representative organizations of employers and workers. It also notes with interest the information provided by the Government on the subsequent discussion and adoption of the national OSH policy for the period 2024–27 within the National Commission for Occupational Safety and Health, which aims to improve the prevention of occupational accidents and diseases and the preparedness for possible future health emergencies. To achieve these objectives, measures will be adopted at the national, sectoral and workplace levels, including for the identification, prevention and reduction of ergonomic and psychosocial risks, and the promotion of safe and healthy working conditions, particularly in the agriculture sector and in micro, small and medium-sized enterprises, among others.

The Committee further notes that, in their observations, the workers’ representatives of the National ILO Council claim that the OSH management system currently places little emphasis on prevention and add that there is a persistent lack of OSH prevention in the public sector and in micro, small and medium-sized enterprises. The Committee requests the Government to continue to provide information on the measures taken to ensure the implementation of the national OSH policy 2024–2027, in consultation with the representative organizations of employers and workers concerned, including the measures taken to prevent occupational accidents and diseases in the public and private sectors, including in micro, small and medium-sized enterprises. It also requests the Government to provide further information on the review of the national OSH policy, including information on any discussions regarding OSH held at the National Commission for Occupational Safety and Health, the main problems identified, the methods for addressing them and the priorities for action established.

Articles 5(c), 14 and 19(d). Appropriate training in occupational safety and health. The Committee notes that in their observations, the SZEF and the MASZSZ claim that under section 55(2a) of the OSH Act, in the case of the types of work defined in the Minister’s regulations, the training required when an employee is hired, and when the workplace, job position or requirements for safe and healthy work change, may also be provided by giving the employee the general training material specified in the Minister’s decree or by publishing the training content on an internal electronic network accessible to the employee. The workers’ organizations indicate that, according to Decree No. 6 of 2024, employers are authorized to apply the provision of section 55(2a) of the OSH Act with respect to office workers and teleworkers using information technology and computer equipment. They claim that, although the exception has so far been limited to these two categories of workers, the Minister can extend the personal scope of this provision to other categories of workers by adopting new decrees. The SZEF and the MASZSZ claim that the fact that employers can fulfil their legal obligation by giving the employee the general training or by publishing the content to the internal electronic network undermines the adequacy and suitability of the training provided to workers. The workers’ organizations state that office workers and teleworkers are highly exposed to ergonomic and psychosocial risks. The Committee requests the Government to provide its comments in this respect.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comments, the Committee notes the Government’s indications that Act XXV of 2000 on Chemical Safety, which aims to identify, prevent, reduce, eliminate and disclose the harmful effects of dangerous substances and mixtures, contains detailed provisions on the manufacture, import and supply of dangerous substances (sections 14, 20(1), 21(4), 30 and 31), as well as on the provision of information and instructions on their correct installation and use (sections 6, 8, 10 and 20(5)). It also notes that Decree No. 16 of 2008 on safety requirements and certification of conformity of machinery establishes requirements for the design of machinery in relation to ergonomics, lighting, protective devices, emergency stops, noise, vibration, radiation and emissions of hazardous substances (Annex 1), as well as the obligation of the manufacturer to draw up instructions for the correct assembly, installation and use of machinery (sections 112(a), 137, 174 and 17.42(k)), and to carry out studies on machinery to determine whether the design and construction are safe (section 1 of Annex 8). The Committee further notes that Decree No. 10 of 2016 on minimum health and safety requirements for work equipment and its use establishes OSH standards for the design of work equipment (sections 4, 33(1), (2) and (4) and 36(1)), and the obligation to install, use and dismantle work equipment in accordance with the manufacturer’s instructions (sections 29(2), 37(1), 52(3)(a)). Noting the Government’s indications that the development of OSH legislation will continue to be carried out on a tripartite basis, taking into account the opinion of professional organizations such as the National Association of Lifting Machinery, the National Trade Association of Construction Contractors and the Hungarian Chemical Industry Association, the Committee requests the Government to indicate the measures taken to ensure that those who design, manufacture, import, supply or transfer equipment and substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b) of the Convention, including the adoption of legislation in this regard in consultation with the representative organizations of employers and workers concerned.

Article 9. Enforcement of laws and regulations concerning OSH through an adequate and appropriate system of inspection. The Committee notes the observations made by the workers’ representatives of the National ILO Council stating that: (i) the downsizing of the occupational safety and health authority makes it inadequate to fulfil its purpose; and (ii) the number of OSH inspections is decreasing. It also notes the information provided by the Government on the labour inspection services carried out from 2015 to 2023, including the number of inspection visits carried out, the annual inspections made by subject area, the number of OSH irregularities detected, the number of occupational accidents registered (683 fatal accidents, 1,521 serious accidents and 1,996 severe injuries), and the number of occupational diseases and cases of increased exposure notified (15,803 cases).

The Committee further notes the Governments’ indication that the national OSH policy 2024–27 aims to strengthen the operational capacity of the occupational safety and health authority. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to continue to provide information on the measures taken in practice to strengthen its labour inspection system and to enforce the laws and regulations concerning occupational safety and health and the working environment. In this respect, it also requests the Government to continue to provide information on the number, nature and causes of the occupational accidents and diseases notified, as well as information on the inspection activities carried out.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(f) of Convention No. 161. Surveillance of workers’ health in relation to work. The Committee notes that in their joint observations, the SZEF and the MASZSZ claim that: (i) under section 49(1a) of the OSH Act, which entered into force in September 2024, the suitability and health of the employee required for a job should be decided on the basis of a medical examination only in the cases provided for by law or at the employer’s discretion; and (ii) according to section 51(4) of the Labour Code, employers are only required to provide free regular medical examinations when provided by law.

The Committee notes that, in accordance with Decree No. 49 of 2024 on the organization of the compulsory aptitude test for work, fitness for work shall be decided on the basis of medical examinations and opinions in cases where workers are exposed to the following risks: hazardous chemicals, ionizing radiations, handling of loads of more than 10 kilograms, biological agents, dust, noise, vibrations, machinery, work in mines, work with risk of explosion, work with oil and gas, night shift work, work involving heat or cold stress and work at heights.

The Committee notes that the SZEF and the MASZSZ indicate that, according to the joint opinion of the workers’ and employers’ representatives of the national OSH Committee, the system of medical examinations instituted under section 49(1a) of the OSH Act, section 51(4) of the Labour Code and Decree No. 49 of 2024: (i) leads to the exclusion of vulnerable groups of workers from the provision of medical examinations, including pregnant women, young workers and older workers; (ii) does not take into account ergonomic and psychosocial risks; and (iii) does not specify whether it applies to pre-employment examinations as well as periodic examinations. The Committee requests the Government to provide its comments in this respect. It requests the Government to provide information on the measures taken to progressively develop health surveillance in relation to work, including for workers exposed to ergonomic and psychosocial risks. It also requests the Government to provide information on the number of medical examinations carried out prior to employment and at regular intervals thereafter.

Articles 8, 9 and 16. Supervision of the operation of occupational health services. Following its previous comments, the Committee notes that the Government indicates that, by virtue of section 4 of Decree No. 27 of 1995 on occupational health services, these services perform multidisciplinary functions that include (i) identifying sources of risk in the working environment; (ii) providing occupational health services in physiology, psychology, rehabilitation, ergonomics, hygiene, chemical safety and first aid; (iii) reporting on health and safety issues related to working conditions; (iv) advising on personal protective equipment; and (v) reporting and investigating occupational diseases and cases of increased exposure. The Government adds that in order to fulfil these tasks, in the period 2018–2023, 330 graduates, together with specialists and nurses, participated in the implementation of multidisciplinary occupational health services.

With regard to the supervision of their operation, the Government indicates that occupational health is monitored by the Department of Occupational Safety and Health and the National Centre for Public Health and Pharmacy, and that occupational health services report annually on their work. In this respect, the Committee notes that in 2023, the occupational health services conducted 466,702 on-site occupational health inspections, recorded 3,337,120 workers exposed to pathological factors, examined 46,138 cases related to working conditions, treated 366,615 workers with chronic illnesses, organized 4,952 health promotion activities, and carried out 304,258 consultations on occupational health matters. The Committee also notes the Government’s indication that the employer, the workers and their representatives participate on an equal footing in the organization of measures related to occupational health, including the selection and evaluation of the occupational health services and the investigation of the circumstances of occupational diseases and incidents of increased exposure. The Committee takes note of this information, which responds to its previous request.

Protection against specific risks

Maximum Weight Convention, 1967 (No. 127)

Article 5 of Convention No. 127. Adequate training on working techniques for the manual transport of loads. Following its previous comments, the Committee notes that the Government indicates that, under section 55(1) of the OSH Act, employees must receive OSH training, including the necessary information, rules and instructions, before starting work, when the requirements for safe and healthy work change, when the workplace or job changes and when work equipment is adapted. It also notes that the Government indicates that: (i) during official inspections, the occupational safety and health authority verifies that employees receive information before the manual transport of loads, checking in particular whether they are informed of the risks associated with the manual transport of loads, as well as the relevant rules to avoid such risks; and (ii) in the larger supermarket chains, leaflets with images related to the manual transport of loads and lifting equipment are placed at all work stations, and workers are asked to confirm that they have read them.

The Government also indicates that in workplaces where it is necessary for employees to transport loads manually (due to structural characteristics limiting the use of lifting equipment) OSH training on correct manual transportation is especially important. The Committee requests the Government to continue to provide information on the measures taken to ensure, in accordance with Article 5 of the Convention, that workers assigned to the manual transport of loads receive, prior to such assignment, adequate training or instructions on working techniques, with a view to safeguarding health and preventing accidents.

Application in practice. Further to its previous comments, the Committee notes the information provided by the Government on: (i) the supervision of compliance with the provisions on manual transport of loads during every annual inspection; (ii) the number of official measures taken with respect to violations of manual transport of loads rules from 2018 to 2023, which show a steady decrease per year (98 measures in 2018, 63 in 2019, 40 in 2020, 36 in 2021, 34 in 2022, and 16 in 2023); and (iii) the awareness-raising campaigns on safe manual transport of loads carried out between 2020 and 2022, during which informative material and lectures were given to occupational safety specialists, employers and employees. It also notes the Governments’ indication that disorders of the skeletal and muscular system are the most common among workers in the commerce, goods transportation, construction and health sectors. The Committee requests the Government to continue to provide information on the number of inspections carried out in relation to manual transport of loads and the infringements detected, the number of official preventive measures applied, the number of disorders of the skeletal and muscular system diagnosed and the number of sanctions imposed.

Occupational Cancer Convention, 1974 (No. 139)

Legislation. Following its previous comments, the Committee notes the information provided by the Government on the adoption of Decree No. 55 of 2023, which the Government indicates implements the EU Regulation No. 1907 of 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), Annex XVII of which contains a list of carcinogens subject to prohibition, authorization and control, which is periodically reviewed and updated. The Government indicates in this respect that Decree No. 55 gives effect to a number of provisions of the Convention, namely: Article 2(2) on the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of such exposure to the minimum compatible with safety (sections 5(5), 6(1), 7(3)); Article 3 on measures to protect workers against the risks of exposure to carcinogenic substances, including a system of records (sections 5(8) and(12) and 17 and 15(6)); and Article 4 on the obligation to inform workers of the risks that carcinogenic substances pose to their health and the measures that should be taken (sections 12 and 13(2)). The Committee requests that the Government take into account its comments below concerning Article 5 of the Convention.

Article 2(1) of Convention No. 139. Replacing carcinogenic substances with non-carcinogenic substances or less harmful substances. Further to its previous comments, the Committee notes the Government’s indications that: (i) under section 54(1)(f) of the OSH Act, employers are required to replace hazardous working conditions with safe or less hazardous working conditions to ensure safe and healthy work; and (ii) by virtue of section 5(13) and (14) of Decree No. 55 of 2023, the use of carcinogenic substances may only be introduced if it is technically impossible to substitute them with non-carcinogenic substances or with less harmful substances. If a non-carcinogenic or less dangerous substance is available, the employer must explain why the carcinogenic substance is not being replaced.

It also notes that the Government indicates that the occupational safety and health authority draws the employers’ attention to the need to substitute carcinogenic substances with non-carcinogenic or less potent substances, where possible. It indicates that during inspections, the authority has noted that employers are prioritizing the substitution of carcinogenic substances with a view to complying with the requirements of Decree No. 55 of 2023. The Government adds that, in practice, the difficulties regarding the substitution of carcinogenic substances with non-carcinogenic ones is mainly due to economic limitations as well as a lack of knowledge or technological specificities. Noting the challenges identified by the Government, the Committee requests the Government to provide further information on the measures taken to support employers in overcoming these difficulties, with a view to ensuring that, in practice, carcinogenic substances and agents are replaced by non-carcinogenic substances or agents or by less harmful substances or agents.

Article 5. Medical examinations after the period of employment. The Committee notes that section 15(1) of Decree No. 55 of 2023 provides for medical examinations prior to the commencement of employment involving exposure to carcinogenic substances, as well as periodic examinations during the period of employment. It notes, however, that according to section 15(3) of the aforementioned Decree, the health of the worker is monitored after the end of exposure to carcinogenic substances at the initiative of the doctor or the occupational safety and health authority. The Committee requests the Government to provide information on the implementation of section 15(3) with a view to ensuring that workers are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards after their employment.

Article 6(b) and (c). Appropriate inspections services. Application in practice. Further to its previous comments, the Committee notes that the Government indicates that (i) the bodies responsible for ensuring compliance with the Convention are the occupational safety and health authority (section 86(1)(b) of the OSH Act) and the State Health Administration Body (section 4(3) of Act XI of 1991 on Health Authorities and Administration); and (ii) the OSH Act establishes the procedure in case of violation of the rules relating to the application of the Convention, including the powers of labour inspectors to order remedial measures, prohibition measures and measures of immediate executory force, in case of exposure to carcinogenic substances or agents (section 84(1)), and the imposition of penalties for violation of OSH requirements (section 82(1)).

Furthermore, the Committee notes the information provided by the Government on the application in practice of the Convention from 2016 to 2023, including the number of inspections carried out (1,065), the number of cases of increased exposure to lead and its inorganic compounds (122), the number of workers affected by asbestos demolition activities (10,249), the number of remedial and suspension orders issued (2,251), the number and amounts of fines imposed (62 fines, amounting to 65,346,651 Hungarian forints), and the number of cases of occupational cancer reported (25). The Government indicates that the lack of knowledge on the part of employers of the carcinogenic properties of the substances and agents gives rise to various infringements, such as: lack of risk assessments, lack of information provided to workers on the carcinogenic risks involved and the measures to be taken, lack of ventilation and decontamination of the working environment, poor occupational hygiene, lack of surveillance of workers’ health through medical examinations and lack of adequate records. The Government adds that, according to the occupational hygiene and occupational health body, deaths caused by occupational cancer represent approximately 10 per cent of all cases of fatal cancers in the country. Noting the Government’s indications that it plans to report activities involving carcinogenic substances on the official website of the Minister of Employment and Social Affairs and increase inspections of workplaces where activities involving exposure to these substances and agents are carried out,the Committee requests the Government to continue to provide information on the measures adopted to strengthen compliance with the provisions of the Convention, as well as information on its practical application, including the number of inspections and investigations carried out, the number of violations detected and sanctions imposed, as well as the number of occupational diseases and cases of increased exposure to carcinogens reported.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Articles 4 and 12 of Convention No. 148. Prevention, control of and protection against occupational hazards in the working environment concerning air pollution, noise and vibration. Following its previous comments, the Committee notes the Government’s indications that (i) the Department of Occupational Health and Safety produced a guide describing the risk assessment process, including the assessments relating to noise and vibration; and (ii) the Department is preparing information material on all issues related to exposure for both employers and workers to reinforce the preventive approach.

It also notes that the Government refers to the employer’s obligations to adopt preventive measures as set out in Decree No. 66 of 2005 on the minimum safety and health requirements for the exposure of workers to noise, including sections 3, 4, 8(1) and (2) and 12(a) and (b). The Government also refers to the employer’s obligations established in sections 3, 5 and 6 of Decree No. 22 of 2005 on the minimum health and safety requirements for the exposure of workers to vibration.

The Committee also notes the Government’s indication regarding the adoption of Decree No. 5 of 2020 on the protection of the safety and health of workers exposed to chemical agents, which establishes the employer’s obligation to adopt preventive measures, including carrying out risk assessments of chemical agents (section 5) and managing hazardous substances (sections 6–8), among others. The Committee notes, in addition, the information provided by the Government on the number of violations of risk assessment rules identified between 2018 and 2023 with regard to noise (767), vibrations (88) and air pollution (897). The Committee requests the Government to continue to provide information on the measures taken to ensure that effective preventive measures are taken in practice for the protection of workers from health risks related to air pollution, noise and vibration, including the measures taken to ensure compliance with the risk assessments rules, established in Decree No. 66 of 2005, Decree No. 22 of 2005 and Decree No. 5 of 2020. It also requests the Government to continue to provide information on the material prepared by the Department of Occupational Health and Safety to reinforce the preventive approach to the risks generated by occupational exposure to air pollution, noise and vibration.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 35 of Convention No. 167. Appropriate inspection and effective enforcement of the provisions of the Convention. Application in practice. With regard to its previous comments, the Committee notes that the Government indicates that: (i) several targeted inspections were carried out in the construction sector in 2017, 2020 and 2021; and (ii) by virtue of Decree No. 25 of 2024 on the amount of the occupational safety and health fine and the detailed rules for its imposition, the amounts of fines for OSH violations have been increased.

It also notes that, according to the information provided by the Government on labour inspections carried out between 2016 and 2023: (i) the number of inspections carried out in the construction sector has decreased from 3,859 inspections in 2019 to 2,574 inspections in 2023; (ii) there is a high rate of non-compliance with regulations on risk assessment and management, protection against falls, protection against collapses and entrapments, equipment safety, provision of occupational health services and reporting of occupational accidents and diseases and investigation of their causes; (iii) the number of occupational accidents in the construction sector amounted to 7,554, including 184 fatal accidents, 384 serious accidents and 147 severe injuries; (iv) the number of reported cases of occupational diseases was 8; (v) the number and amount of fines imposed was 2,338 fines, totalling 639,398,475 forints; and (vi) the number of remedial measures ordered amounted to 16,752.

The Committee also notes the observations made by the workers’ representatives of the National ILO Council, underlining that the number of inspections is constantly decreasing, despite the high number of occupational accidents in the construction sector. The Committee requests the Government to continue to provide information on the measures taken to strengthen compliance with the provisions of the Convention, as well as information on its application in practice, including the number of inspections and investigations carried out, the number of violations identified and sanctions imposed, as well as the number of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 161 (occupational health services), 127 (maximum weight) and 148 (working environment (air pollution, noise and vibration)) together.

Occupational Health Services Convention, 1985 (No. 161)

Articles 8, 9 and 16 of the Convention. Supervision of the operation of occupational health services. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council, included in the Government’s report, according to which cost considerations by employers in the employment of private external occupational health services sometimes have a negative effect on the quality of these services. The workers’ representatives indicate that, in practice, occupational health services: (1) do not always cooperate with workers and their representatives, as provided for by Article 8; and (2) are not always of a multidisciplinary nature as required by Article 9. In this context, the Committee also notes the indications made by the workers’ representatives that there are no data on the operation of occupational health services, and that there are no clear regulations on inspections of the relevant service providers. The Committee requests the Government to provide information on the manner in which it ensures the multidisciplinary character of occupational health services, and to provide further information on the manner in which their operation is supervised by the labour inspection services (including their cooperation with workers and their representatives).

Maximum Weight Convention, 1967 (No. 127)

Article 5 of the Convention. Application in practice and adequate training on working techniques for the manual transport of loads. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council included in the Government’s report, that there are no specific rules guaranteeing the training on the manual handling of goods, and that the Government’s report does not specify to what extent relevant training is provided in practice. The Committee notes that the Government indicates that in 2014, 1,326 targeted inspections were carried out, and provides general information on the results of inspections relating to risk assessments and training, without providing specific data in relation to the manual movement of material. The Committee requests the Government to provide statistical information on the violations detected during inspections concerning the manual transport of loads, as well as the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148))

Articles 4 and 12 of the Convention. Prevention, control of and protection against occupational hazards in the working environment concerning noise and vibration. The Committee notes the Government’s reiterated indication that there are no notification obligations with respect to risks related to vibration and noise at workplaces. It notes the Government’s indication that the National Health and Medical Office establishes an annual report based on the risks identified by the occupational health services, which also includes information on the number of workers exposed to noise and vibration. It further notes that the Government indicates that a reporting obligation is not necessary, as the thresholds for noise and vibration are verified through labour inspection, and remedial measures ordered, if necessary. In this context, the Committee also notes from the information provided in the Government’s report that noise and vibration are frequent omissions in risk assessments undertaken by employers. The Committee requests the Government to indicate the measures taken to ensure that effective preventive measures are taken in practice for the protection of workers from health risks relating to noise and vibration, including the measures it is taking to ensure that these issues are included in the relevant risk assessments.

Article 11(3). Provision of alternative employment. The Committee notes the Government’s reference in reply to the Committee’s previous request, to the rules on the transfer of workers that have been exposed to air pollution, noise or vibration. The Committee also notes the Government’s indications made in reply to the Committee’s request concerning the maintenance of the income of workers who are required to discontinue work in view of having been exposed to the above risks. In this respect, the Committee refers the Government to its comments under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), and the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42).

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 9(1) of the Convention. Multidisciplinary character of occupational health services. The Committee notes the Government’s intentions to develop further the occupational health-care services in the country by offering multidisciplinary services and to require that occupational health-care centres employ not only an occupational hygiene specialist but also a specialist from another discipline such as a psychologist, ergonomics expert or a toxicologist. The Government is requested to provide in its next report information on progress made in this regard.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that it is unclear from the Government’s report whether effect is given to this Article. The Committee requests the Government to indicate the relevant provisions ensuring that effect is given to the requirement that the surveillance of the workers’ health shall be free of charge and shall take place during working hours.

Part IV of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistical information covering the years from 1999–2004 included in the Government’s report on the application of each of the relevant provisions of the Convention, and that such information permits a good background for assessing the manner in which the Convention is applied in practice. The Government is requested to continue to provide such information in its next reports, to enable the Committee to monitor the developments over time.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s report.

2. Article 9, paragraph 1, of the Convention. Multidisciplinary character of occupational health services. The Committee notes the Government’s intentions to develop further the occupational health-care services in the country by offering multidisciplinary services and to require that occupational health-care centres employ not only an occupational hygiene specialist but also a specialist from another discipline such as a psychologist, ergonomics expert or a toxicologist. The Government is requested to provide in its next report information on progress made in this regard.

3. Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that it is unclear from the Government’s report whether effect is given to this Article. The Committee requests the Government to indicate the relevant provisions ensuring that effect is given to the requirement that the surveillance of the workers’ health shall be free of charge and shall take place during working hours.

4. Point IV of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistical information covering the years from 1999-2004 included in the Government’s report on the application of each of the relevant provisions of the Convention, and that such information permits a good background for assessing the manner in which the Convention is applied in practice. The Government is requested to continue to provide such information in its next reports, to enable the Committee to monitor the developments over time.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its observation, the Committee notes the information supplied by the Government in reply to its previous comments and the adoption of several texts of laws and regulations in application of the provisions of the Convention. The Committee will examine in detail this information and the said texts, and with a view to this examination, it would be grateful if the Government would provide the texts of the following laws and regulations, some of which are also requested in 1999 under Conventions Nos. 148 and 155:

-- Act CLIV of 1997 on Health Care and its amending Act LXXI of 1999;

-- Decree No. 59/1997 (XII.21) of the Ministry of Welfare, amending Decree No. 7/1991 of the Ministry of Welfare;

-- Decree No. 89/1995 (VII.14) and its amending Decrees Nos. 44/1995 (XII.7) and 9/1999 (I.27) of the Ministry of Welfare;

-- Decree No. 30/1998 (XII.7) and Decree No. 1/1999 (I.27) of the Ministry of Health;

-- Decree No. 25/1996 (VIII.28), Decree No. 26/1996 (VIII.28) and its amending Decree No. 57/1997 (XII.21), Decree No. 27/1996 (VIII.28) and its amending Decree No. 58/1997 (XII.21), of the Ministry of Welfare;

-- Government Decree No. 233/1996 (XII.26) and Decree No. 4/1997 (II.21) of the Ministry of Welfare;

-- Decree No. 25/1998 (XII.27) of the Ministry of Health.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information contained in the Government's reply to its previous comments which were based on the observations made by the National Organization of Hungarian Trade Unions. It notes with interest the adoption of the law on occupational safety, the Labour Protection Act XCIII of 1993 and its amending Act CII of 1997, and several decrees of relevance to the application of the provisions of this Convention. The Committee is addressing a request for more information directly to the Government.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided in the Government's report, as well as the position of the National Organization of Hungarian Trade Unions with respect to the application of the Convention included in the Government's report.

Articles 2 and 6 of the Convention. (a) In its previous comments, the Committee noted that, while apparently much legislation existed regulating occupational health services, there was no statutory obligation for the provision of such services. In its report for the period ending 30 June 1992, the Government indicated that a new Act on Labour Safety was being prepared, in consultation with the representative organizations of employers and workers, and that it was proposed that this Act include the obligation of employers to ensure occupational health services. The Committee notes the comments made by the National Organization of Hungarian Trade Unions that there is a lack, in the country, of national policy with respect to occupational health services, as well as a lack of such services. The National Organization of Hungarian Trade Unions adds that, if adopted, the draft Act on Occupational Safety, along with the proposed ministerial decrees, might provide the opportunity to implement the Convention.

The Committee notes from the Government's latest report that the Bill on Occupational Safety includes a provision requiring employers to provide occupational health services (now called "Employment Health Services") to all workers. It further notes the indication in the Government's report that the Bill was discussed by the tripartite Council for the Reconciliation of Interests and has been submitted to Parliament. Debate on the Bill was scheduled for autumn 1993. The Committee hopes that the Bill will be adopted in the near future and that it will provide for the establishment of occupational health services with the functions enumerated in Article 5 and will ensure the application of the Convention with respect to the organization and conditions of operation of such services and, in particular, with respect to Articles 8, 14 and 15. The Government is requested to provide a copy of the text of the Occupational Safety Bill as soon as it has been adopted.

Article 3 and point VI of the report form. The Commitee notes the indication in the Government's latest report that occupational health services have been available for 40 per cent of the active wage-earners, which represents a decrease of 10 per cent from statistics of previous years. The Government is requested to continue to provide information on the progress made in developing occupational health services for all workers and, in accordance with point VI of the report form, to continue to provide statistics available on the number of workers covered by occupational health services.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's latest report concerning the application of Article 11 of the Convention. It requests the Government to provide copies, with its next report, of the following legislation to which it made reference: Act II of 1972 on public health; Decree No. 16/1972 (VI.29); Decree No. 15/1972 (VIII.5); Ordinance No. 22/1979 (Eü.K.15); Decree No. 47/1979 (XI.30) and Act XI of 1991 on state general and municipal health services. The Government is requested to provide additional information on the following points:

Articles 2 and 6. (a) The Committee notes that, while apparently much legislation exists regulating occupational health services, there has been no statutory obligation for the provision of such services. In its latest report, the Government has indicated that a new Act on labour safety is being prepared, in consultation with the representative organizations of employers and workers, and that it has been proposed that this Act include the obligation of employers to ensure occupational health services. The Government is requested to provide the Office with a copy of this Act as soon as it is adopted.

(b) The Committee notes the Government's indication that the period of transition in the country, including deregulation and the adoption of new legislation, has led the Ministry of Public Welfare to issue a Communiqué on occupational health services and factory medical consultation offices. According to the Government, the Communiqué aims at maintaining occupational health services, except where economic transformations might justify their discontinuation. The Government is requested to indicate the types of situations wherein it might be considered justifiable to discontinue an already established occupational health service and to provide a copy of this Communiqué with its next report.

Article 3 and point VI of the report form. The Committee notes the Government's indication that, if occupational health services cannot be organized without delay by all undertakings, the plans are to establish a rank-order in view of the hazards to which workers are exposed at a particular economic unit. The Government is requested to continue to provide information on the progress made in developing occupational health services for all workers and, in accordance with point VI of the report form, to provide, in its next report, any statistics available on the number of workers covered by the occupational health services presently established.

Article 5. The Committee notes the Government's indication that plans are being made to establish occupational health services in the area or vicinity of large enterprises and occupational health centres for smaller establishments and that their functions will take into account the provisions of the Convention and give clear priority to preventive care. The Government is requested to indicate the measures taken to ensure that occupational health services serve the functions set forth in this provision of the Convention.

Article 8. In its previous comment, the Committee noted that the conditions and professional rules of operation of independent occupational health services are prescribed by the health authorities and requested the Government to provide copies of the rules governing occupational health services in these cases. In its latest report, the Government has indicated that authorization is granted by the Minister of Public Welfare for the employment of factory medical consultants and that professional supervision is exercised by the State General and Municipal Health Services. The Committee would recall that Article 8 of the Convention calls for cooperation, and participation on an equitable basis, between workers and employers in the implementation of measures relating to occupational health services. The Government is once again requested to provide copies of the rules, referred to in its first report, governing the functioning of independent occupational health services and to indicate the measures taken to ensure that workers and employers cooperate and participate on an equitable basis in the implementation of the organizational and other measures relating to these services.

Article 14. The Committee notes the indication in the Government's report that the obligation to inform is set forth in section 15 of Decree No. 15/1972 of the Minister of Health. The Government is requested to provide a copy of Decree No. 15/1972.

Article 15. The Committee notes from the Government's latest report that there are no legislative provisions to the effect that the employer may not require personnel of the occupational health service to verify the reasons for a worker's absence from work. The Government is requested to indicate the measures taken or envisaged to ensure observance of the Convention in this regard, as well as the measures which ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons in order to facilitate their function of identifying and assessing the risks in the working environment.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with interest the information provided in the Government's first report. It notes the Government's indication that the development, organisation and operation of the occupational health services were already functioning at an advanced, high professional level at the time of ratification of the Convention and that the changes under way in the country have also influenced the health sector. It notes the Government's indication that the reform of the health sector, including the activities of the occupational health services, has begun and entails considerable deregulation and modernisation of the health regulations. The Government is requested to provide clarification on the following points:

Articles 2 and 6 of the Convention. The Committee notes from the Government's report that the first national policy on occupational health service began in 1951 and has been revised periodically with a full revision of the regulations in 1974. It further notes that an Act concerning the organisation and maintenance of occupational health services was in effect up to 1990 and that new Acts are presently being prepared. The Committee requests the Government to provide a copy of the latest regulations concerning occupational health services, as well as a copy of the new Act as soon as it is adopted, and to indicate the manner in which the most representative organisations of workers and employers were consulted in the formulation, implementation and revision of the occupational health services policy. The Government is also requested to provide copies of the relevant provisions of any collective agreements concerning the creation or functioning of occupational health services.

Article 3. The Committee notes with interest the information provided in the Government's report that, as a result of progressive development, occupational health services exist in more than 20 economic sectors and occupational health care is provided for half of the workers and employees working in industry and agriculture. It notes the Government's indication that ideas for future development of occupational health services are presently being worked out in the health reform and that the goal is to first establish these services for every worker in every undertaking and then to widen the activity of the occupational specialist consultation centres. The Committee recalls that, under Article 3, paragraph 2, if occupational health services cannot be immediately established for all undertakings, ratifying governments undertake to draw up plans for the establishment of such services in consultation with the most representative organisations of employers and workers. The Government is requested to indicate the plans drawn up in this regard and the manner in which the most representative organisations of employers and workers are consulted as called for by paragraph 3 of this Article.

Article 5

(a) The Committee notes the indication in the Government's report that the functions of the occupational health services essentially cover the functions provided for in this Article of the Convention, but that the performance of some functions depends upon initiatives from the undertaking (planning, work-organisational advice, participation in working out programmes for modernisation of production practice, etc.). The Government has indicated that, although the responsibility and obligations for employers in respect of occupational safety and health are provided for in regulations, factory management often does not fulfil its tasks and there is a great lag in the field of occupational ergonomics. The Government is requested to indicate the measures taken to promote the full co-operation of employers with respect to the tasks and functions of the occupational health services in order to ensure the attainment of the objectives of such services to facilitate optimal physical and mental health in relation to work (Article 1(a)).

(b) The Committee also notes the Government's indication that the curative function still prevails in occupational health services where factory physicians, mostly those who work for a few hours a week, are active. The Government is requested to continue to provide information on the efforts made to promote the presence of occupational health services, with the essentially preventive functions enumerated in the Government's report and which figure in Article 5 of the Convention, in all undertakings.

Article 8. The Committee notes the Government's indication that, since 1989, several undertakings have been granted the right to establish an independent occupational health service and that the conditions and professional rules of operation have been prescribed by the health authorities. The Government is requested to provide copies of the rules governing the functioning of this independent service and to provide full particulars on the creation within any other undertakings of independent occupational health services.

Article 11. The Committee notes from the Government's report that the planned reform of the health sector involves issues of graduate and postgraduate education and that, in particular, there is a plan to increase the role of occupational health studies in graduate training. The Government is requested to continue to provide information on the reforms envisaged or implemented concerning the qualifications required for personnel working in occupational health services.

Article 14. The Committee notes the indication in the Government's report that information on any known or suspected factors in the working environment which may affect the worker's health are required by departmental order. The Government is requested to provide a copy of this departmental order with its next report.

Article 15. The Committee notes from the Government's report that regulations provide that the employer may not require the occupational health service to verify the reasons for a worker's absence from work. The Government is requested to provide a copy of the relevant regulation.