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Repetition In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead) and 139 (occupational cancer) together. Protection from specific risksWhite Lead (Painting) Convention, 1921 (No. 13) Legislation. In its previous comments, the Committee noted the Government’s indication that the development of OSH regulations to implement the Labour Code had been envisaged, and requested the Government to provide information on any progress in this respect. The Committee notes the Government’s indication in its report that, as part of the broader national legal reform, the revision of the Regulation on General OSH Standards (1999) has begun. It further notes that, according to information from the ILO Decent Work Team for South Asia and Country Office for India, the Labour Code reform is ongoing. The Committee hopes that in its next report, the Government will be able to provide specific information regarding the measures taken, in law and in practice, to regulate the use of white lead and sulphate of lead and of all products containing these pigments in accordance with the provisions of the Convention. The Committee further requests the Government to continue to provide information regarding the progress of its legal reform, and to provide a copy of the new OSH regulation, once it has been adopted.Occupational Cancer Convention, 1974 (No. 139) Article 1 of the Convention. Periodic determination of carcinogenic substances or agents. The Committee notes that the Government refers in its report to the Regulation on General OSH Standards and indicates that its revision is pending the completion of the revision of the Labour Code. The Committee observes, however, an absence of information regarding measures taken to periodically determine the list of carcinogenic substances or agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply. Noting the importance of such a list for the effective application of the provisions of the Convention, the Committee requests that the Government indicate the specific measures taken to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply.Article 3. Protective measures and appropriate system of records. The Committee notes that, pursuant to section 111(2) of the Labour Code, workers are required to observe the rules and standards of protection at work as well as safety techniques, and to use individual protective devices while working. Section 112 of the Labour Code also requires the enterprise to provide protective clothes and equipment for workers, free of charge, where the work carried out is under conditions harmful to health. In addition, section 9 of the Regulation on the Distribution of Clothes and Protective Equipment (No. 791) also requires the provision of protective clothes, materials or other equipment specific and common for workers who work with acids and fluids, harmful gases, toxic substances, destructive disinfectants and hazardous radiation. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure the protection of workers against the risks of exposure to carcinogenic substances or agents. It also requests the Government to provide information on the measures taken or envisaged to establish an appropriate system of records, in accordance with Article 3.Article 4. Information. The Committee notes that section 111(1) of the Labour Code requires the person in charge of the enterprise to give continuous training to employees about safety, health, first-aid service and firefighting rules and techniques, as well as other employee protection rules. The Committee requests the Government to provide further information on the steps taken to ensure that to workers who have been, are, or are likely to be exposed to carcinogenic substances or agents are provided with all the available information on the dangers involved and on the measures to be taken.Article 5. Medical examinations or biological or other tests or investigations. The Committee notes that, pursuant to section 113 of the Labour Code, workers engaged in arduous work and in types of work carried out under conditions that are harmful to health must undergo periodic health and medical examinations during the service period in order to see that they are fit for work and to prevent occupational diseases. Section 115 of the Labour Code further provides for the establishment of fixed and mobile centres to carry out, to the extent possible, medical examinations for workers, with due regard to the number of employees and personnel, and in accordance with the standards set by the Ministry of Public Health in agreement with the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD). Moreover, the Government indicates that the MoLSAMD has begun work on the development of a regulation on the Rights and Benefits of Workers in Physically Arduous and Harmful Jobs and that the next report will provide more information on the progress made regarding this regulation. The Committee requests the Government to provide information on the measures taken to ensure that medical examinations are also provided to workers after the period of employment, as necessary, in accordance with Article 5 of the Convention. In addition, the Committee requests the Government to provide information on the application in practice of section 115 of the Labour Code.B. Protection in specific branches of activity Underground Work (Women) Convention, 1935 (No. 45) The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.
Repetition Legislation. The Committee notes the Government’s brief report confirming that, in order to implement the Labour Code, the development of occupational safety and health (OSH) regulations has been envisaged. With reference thereto, as well as to the comments submitted by the All Afghanistan Federation of Trade Unions (AAFTU) referred to in its previous comments, the Committee again expresses the hope that the Government will now proceed to take the necessary action to give effect to the specific requirements in the Convention, and to keep the Office informed of any progress in this respect.Application in practice. The Committee also notes the information that the Labour Inspection Department regularly checks the OSH conditions in workplaces, the use of personal protective equipment and the carrying out of medical examinations, and sanctioning violations when found. The Committee also notes the information provided regarding awareness campaigns conducted on the importance of the use of personal protective equipment. Against this background the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from the reports of the inspection services, and the number and nature of the contraventions reported.
Repetition The Committee notes the brief report by the Government reiterating the reference to sections 10 and 107 of the Labour Code which provides the basis for further planned regulation of the issues covered by Convention No. 139 including the development of a list of occupational diseases and arrangements for the payment of damages for disabilities and health injuries. The Committee requests the Government to provide information in its next report on the progress achieved in this respect.Article 5 of the Convention. Provision of medical examinations. The Committee notes that the Government’s report did not include a response to the comments submitted by various trade unions including the Central Council of National Unions of Afghanistan Employees (CCNUAE), which were transmitted to the Government on 1 June 2006. The Committee notes that in their comments the CCNUAE appears to allege that this Convention is not applied as the Government does not compensate workers for expenses caused by medical treatment of occupational accidents or diseases. With reference thereto, the Committee notes that while issues related to workers’ compensation for accidents and diseases are regulated in other Conventions, the present Convention in Article 5 requires the Government to “take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards”. The Committee requests the Government to respond to the comments raised by the CCNUAE in so far as they concern the application of Article 5 of the Convention.Application in practice. The Committee notes the information that the Labour Inspection Department regularly checks issues relating to occupational safety and health conditions at workplaces, the use of personal protective equipment and the carrying out of medical examinations, and sanctioning violations when found. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services, and the number and nature of the contraventions reported.
Legislation. The Committee notes the Government’s brief report confirming that, in order to implement the Labour Code, the development of occupational safety and health (OSH) regulations has been envisaged. With reference thereto, as well as to the comments submitted by the All Afghanistan Federation of Trade Unions (AAFTU) referred to in its previous comments, the Committee again expresses the hope that the Government will now proceed to take the necessary action to give effect to the specific requirements in the Convention, and to keep the Office informed of any progress in this respect.
Part V of the report form. Application in practice. The Committee also notes the information that the Labour Inspection Department regularly checks the OSH conditions in workplaces, the use of personal protective equipment and the carrying out of medical examinations, and sanctioning violations when found. The Committee also notes the information provided regarding awareness campaigns conducted on the importance of the use of personal protective equipment. Against this background the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from the reports of the inspection services, and the number and nature of the contraventions reported.
The Committee notes the brief report by the Government reiterating the reference to sections 10 and 107 of the Labour Code which provides the basis for further planned regulation of the issues covered by Convention No. 139 including the development of a list of occupational diseases and arrangements for the payment of damages for disabilities and health injuries. The Committee requests the Government to provide information in its next report on the progress achieved in this respect.
Article 5 of the Convention. Provision of medical examinations. The Committee notes that the Government’s report did not include a response to the comments submitted by various trade unions including the Central Council of National Unions of Afghanistan Employees (CCNUAE), which were transmitted to the Government on 1 June 2006. The Committee notes that in their comments the CCNUAE appears to allege that this Convention is not applied as the Government does not compensate workers for expenses caused by medical treatment of occupational accidents or diseases. With reference thereto, the Committee notes that while issues related to workers’ compensation for accidents and diseases are regulated in other Conventions, the present Convention in Article 5 requires the Government to “take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards”. The Committee requests the Government to respond to the comments raised by the CCNUAE in so far as they concern the application of Article 5 of the Convention.
Part IV of the report form. Application in practice. The Committee notes the information that the Labour Inspection Department regularly checks issues relating to occupational safety and health conditions at workplaces, the use of personal protective equipment and the carrying out of medical examinations, and sanctioning violations when found. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services, and the number and nature of the contraventions reported.
The Committee notes the brief information provided by the Government concerning the new Labour Code, and notes with satisfaction that sections 10 (general requirement to provide a safe and healthy working environment) and 107 (requirement to use safety equipment to prevent occupational diseases) provide a basis for further regulation of the issues covered by this Convention. It also notes the reference to section 107, paragraphs 1 and 2, which provides that lists of occupational diseases and arrangements for the payment of damages for disabilities and health injuries are to be drawn up. While recognizing the continued challenges and difficulties the new authorities are faced with, the Committee is encouraged by the efforts made by the Government to progress towards the assumption of full responsibility in regard to the Convention and taking the necessary action to bring national laws and regulations into conformity with the occupational safety and health standards contained, inter alia, in the present Convention. The Committee draws the Government’s particular attention to the need for setting up a system for determining carcinogenic substances and agents used at workplaces in the country and which may require the introduction of prohibitions or be made subject to national authorization or control, in accordance with Article 1 of the Convention. The Committee requests the Government to provide information in its next report on the progress achieved in this respect as well as regards further efforts made to give effect to this Convention, including any regulations adopted under sections 10 and 107 of the new Labour Code.
Part IV of the report form. Application in practice. The Committee notes that the Government’s report does not include a response to the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU), which the Committee referred to in its 2006 and 2007 comments on the Convention. The Committee asks the Government to respond to the points raised in the abovementioned observations.
The Committee notes the Government’s brief report including reference to the provisions on occupational safety and health (OSH) in Chapter 10 of the Labour Code of February 2007. The Committee notes that sections 111–126 of the Labour Code regulate a number of issues including employers’ responsibilities related to establishing safe and healthy working conditions and setting standards to prevent accidents and diseases; workers’ training; the use of personal protective equipment; medical examinations of workers; the provision of first aid; the setting up of health-care units and the procedures for investigation and compensation in cases of accidents. The Labour Code also empowers the State Committee of Labour and Social Security and the Central Council of Trade Guilds to draw up regulations concerning OSH. The Committee welcomes the progress achieved, and notes that the required legislative base for developing more detailed regulations giving effect to the Convention is now in place. The Committee notes also that the Government requests further assistance and technical cooperation from the ILO in order to develop its OSH system. With reference to the foregoing as well as to the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) referred to in its previous comments, the Committee expresses the hope that the Government will now proceed to take the necessary action, for example through regulation, to give effect to the specific requirements in the Convention, and to keep the Office informed of any progress in this respect.
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:
The Committee notes the Government’s stated intention to submit a complete report on the application of the present Convention in consultation with the Ministry of Public Health, Housing and Urban Development, the Ministry of Commerce and the Municipalities. The Committee also notes the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) concerning the absence of legislation giving effect to the Convention and concerning the alleged non-application of the Convention. Against this background, and taking into account the Committee’s previous comments, the Committee requests the Government to submit a detailed report on the application of this Convention, including a reply to the observations raised by the All Afghanistan Federation of Trade Unions.
The Committee notes the information contained in the Government’s report. It notes the Government’s statement that for the moment it is not able to provide legislative measures to ensure the application of the Convention. The Committee also notes the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) concerning the alleged non-application of the Convention. While noting the challenges and difficulties the new authorities are faced with, the Committee is encouraged by the Government’s expressed willingness and hopes that the Government will be able to assume full responsibility in regard to the Convention and take the necessary action to bring national laws and regulations into conformity with the occupational safety and health standards contained, inter alia, in the present Convention. The Committee draws the Government’s particular attention to the need for setting up a system for determining carcinogenic substances and agents used at workplaces in the country and which may require the introduction of prohibitions or be made subject to national authorization or control, in accordance with Article 1 of the Convention. The Committee requests the Government to provide information in its next report on the progress achieved in this respect as well as regards further efforts made to give effect to this Convention, including a reply to the observations raised by the All Afghanistan Federation of Trade Unions.
The Committee notes the information contained in the Government’s brief report, and the Government’s stated intention to submit a complete report on the application of the present Convention in consultation with the Ministry of Public Health, Housing and Urban Development, the Ministry of Commerce and the Municipalities. The Committee also notes the observations submitted by the All Afghanistan Federation of Trade Unions (AAFTU) concerning the absence of legislation giving effect to the Convention and concerning the alleged non-application of the Convention. Against this background, and taking into account the Committee’s previous comments, the Committee requests the Government to submit a detailed report on the application of this Convention, including a reply to the observations raised by the All Afghanistan Federation of Trade Unions.
1. The Committee notes the information contained in the Government’s report, indicating that the application of this Convention is assured through article 127 of Ordinance No. 103 of 1987, but that the Government plans to denounce this Convention and consider ratifying the Safety and Health in Mines Convention, 1995 (No. 176) instead.
2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).
3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.
The Committee notes with regret 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:
In previous comments the Committee requested the Government to provide information on any regulations, rules or standards issued under section 115 of the Labour Code of 11 June 1987, to prevent occupational hazards due to carcinogenic substances. The Committee noted in 1992 the Government’s information that draft regulations applying the provisions of the Convention would be adopted in the near future; and in 1995 it noted the information by the Government that the provisions of the Convention had been incorporated in the 1987 Labour Code and in regulations on main standards for work protection and safety techniques published on 21 July 1988 (Official Gazette No. 670). It also noted that a commission to prepare new draft regulations to protect workers from occupational cancer had been set up. The Committee notes the statement in the Government’s latest report that the Labour Code and the regulation have to be amended. It notes that the Government has provided no copy of the regulations published in 1988, as requested by the Committee.
The Committee expresses once more the hope that regulations applying the Convention will be adopted and that they will specifically determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control in accordance with Article 1 of the Convention and that they will contain provisions on:
- the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of exposure, in accordance with Article 2 of the Convention;
- the protection of workers against risk of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records, in accordance with Article 3 of the Convention;
- measures for providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents, in accordance with Article 4 of the Convention; and
- the provision of medical examinations during the period of employment and thereafter, in accordance with Article 5 of the Convention.
The Committee hopes that the Government will not fail to take the measures required by the Convention and that it will indicate in its next report the progress achieved in this connection.
1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It notes with satisfaction the Government’s indication according to which the above-mentioned regulation has been elaborated after consultation with the Islamic Union of Afghanistan Workers and the Association of Private Industries.
2. Article 5(I)(c). The Committee notes that regulation No. 3(b) calls for the use of the necessary tools in order to prevent hazards arising from dust caused by dry rubbing down and scarping. The Committee would ask the Government to indicate whether any further protective measures such as guidelines or instructions exist or are envisaged to assist the working painters in determining the measures to be taken in this regard.
3. Article 5(III)(a). The Committee notes that regulation No. 5 provides for cases of lead poisoning to be communicated to the concerned department and to be verified by a scientific investigation made by a medical team. The Government is requested to indicate the department which is to be informed by virtue of this regulation and to indicate the manner in which such notification is to be made.
4. Article 5(III)(b). The Committee notes that section 119 of the Labour Code provides generally that workers engaged in work carried out under conditions harmful to health must undergo medical examinations. According to the Government these examinations are carried out at least every six months. The nature of such examinations is regulated by the Ministry of Public Health in collaboration with the Ministry of Labour and Social Affairs. The Government is requested to indicate whether medical examinations are required for workers involved in painting work using white lead, sulphate of lead, or products containing these pigments and, if so, whether these examinations are carried out on a regular basis.
5. Article 6. The Committee takes note of the Government’s indication according to which observance of the regulations concerning the use of white lead is ensured by means of pecuniary penalties. The Committee would ask the Government to indicate the manner in which employers’ and workers’ organizations are consulted in this regard.
6. Article 7. The Committee notes the indication in the Government’s report that no important event has been recorded, but that no information concerning diseases caused by white lead is available yet. The Government is requested to take the necessary action to establish statistics on morbidity and mortality due to lead poisoning among painters in the next report and to indicate the statistical method adopted.
7. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under Part V of the report form.
Furthermore, the Committee again requests the Government to provide a copy of the relevant Official Gazette containing the regulation concerning the use of white lead in painting.
The Committee notes the information supplied by the Government in its report.
1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It notes with satisfaction the Government’s indication according to which the above-mentioned regulation has been elaborated after consultation with the Islamic Union of Afghanistan Workers and the Association of Private Industries. 2. Article 5(I)(c). The Committee notes that regulation No. 3(b) calls for the use of the necessary tools in order to prevent hazards arising from dust caused by dry rubbing down and scarping. The Committee would ask the Government to indicate whether any further protective measures such as guidelines or instructions exist or are envisaged to assist the working painters in determining the measures to be taken in this regard. 3. Article 5(III)(a). The Committee notes that regulation No. 5 provides for cases of lead poisoning to be communicated to the concerned department and to be verified by a scientific investigation made by a medical team. The Government is requested to indicate the department which is to be informed by virtue of this regulation and to indicate the manner in which such notification is to be made. 4. Article 5(III)(b). The Committee notes that section 119 of the Labour Code provides generally that workers engaged in work carried out under conditions harmful to health must undergo medical examinations. According to the Government these examinations are carried out at least every six months. The nature of such examinations is regulated by the Ministry of Public Health in collaboration with the Ministry of Labour and Social Affairs. The Government is requested to indicate whether medical examinations are required for workers involved in painting work using white lead, sulphate of lead, or products containing these pigments and, if so, whether these examinations are carried out on a regular basis. 5. Article 6. The Committee takes note of the Government’s indication according to which observance of the regulations concerning the use of white lead is ensured by means of pecuniary penalties. The Committee would ask the Government to indicate the manner in which employers’ and workers’ organizations are consulted in this regard. 6. Article 7. The Committee notes the indication in the Government’s report that no important event has been recorded, but that no information concerning diseases caused by white lead is available yet. The Government is requested to take the necessary action to establish statistics on morbidity and mortality due to lead poisoning among painters in the next report and to indicate the statistical method adopted. 7. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under Part V of the report form. Furthermore, the Committee again requests the Government to provide a copy of the relevant Official Gazette containing the regulation concerning the use of white lead in painting.
In previous comments the Committee requested the Government to provide information on any regulations, rules or standards issued under section 115 of the Labour Code of 11 June 1987, to prevent occupational hazards due to carcinogenic substances. The Committee noted in 1992 the Government’s information that draft regulations applying the provisions of the Convention would be adopted in the near future; and in 1995 it noted the information by the Government that the provisions of the Convention had been incorporated in the 1987 Labour Code and in regulations on main standards for work protection and safety techniques published on 21 July 1988 (Official Gazette No. 670). It also noted that a commission to prepare new draft regulations to protect workers from occupational cancer had been set up. The Committee notes the statement in the Government’s latest report that the Labour Code and the regulation have to be amended. It notes that the Government has provided no copy of the regulations published in 1988, as requested by the Committee. The Committee expresses once more the hope that regulations applying the Convention will be adopted and that they will specifically determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control in accordance with Article 1 of the Convention and that they will contain provisions on: - the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of exposure, in accordance with Article 2 of the Convention; - the protection of workers against risk of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records, in accordance with Article 3 of the Convention; - measures for providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents, in accordance with Article 4 of the Convention; and - the provision of medical examinations during the period of employment and thereafter, in accordance with Article 5 of the Convention. The Committee hopes that the Government will not fail to take the measures required by the Convention and that it will indicate in its next report the progress achieved in this connection.
1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It notes with satisfaction the Government's indication according to which the above-mentioned regulation has been elaborated after consultation with the Islamic Union of Afghanistan Workers and the Association of Private Industries.
5. Article 6. The Committee takes note of the Government's indication according to which observance of the regulations concerning the use of white lead is ensured by means of pecuniary penalties. The Committee would ask the Government to indicate the manner in which employers' and workers' organizations are consulted in this regard.
6. Article 7. The Committee notes the indication in the Government's report that no important event has been recorded, but that no information concerning diseases caused by white lead is available yet. The Government is requested to take the necessary action to establish statistics on morbidity and mortality due to lead poisoning among painters in the next report and to indicate the statistical method adopted.
7. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under point V of the report form.
In previous comments the Committee requested the Government to provide information on any regulations, rules or standards issued under section 115 of the Labour Code of 11 June 1987, to prevent occupational hazards due to carcinogenic substances. The Committee noted in 1992 the Government's information that draft regulations applying the provisions of the Convention would be adopted in the near future; and in 1995 it noted the information by the Government that the provisions of the Convention had been incorporated in the 1987 Labour Code and in regulations on main standards for work protection and safety techniques published on 21 July 1988 (Official Gazette No. 670). It also noted that a commission to prepare new draft regulations to protect workers from occupational cancer had been set up. The Committee notes the statement in the Government's latest report that the Labour Code and the regulation have to be amended. It notes that the Government has provided no copy of the regulations published in 1988, as requested by the Committee.
-- the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of exposure, in accordance with Article 2 of the Convention;
-- the protection of workers against risk of exposure to carcinogenic substances or agents and the establishment of an appropriate system of records, in accordance with Article 3 of the Convention;
-- measures for providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents, in accordance with Article 4 of the Convention; and
-- the provision of medical examinations during the period of employment and thereafter, in accordance with Article 5 of the Convention.
With reference to its previous comments, the Committee notes the Government's indication in its latest report that the provisions of the Convention have been incorporated in the Labour Code and its complementary legislation, particularly the Regulation on main standards for work protection and safety techniques, published in the Official Gazette, No. 670 of 21 July 1988. The Committee would request the Government to transmit to the Office a copy of this Regulation.
The Committee also notes from the Government's report that the Ministry of Labour and Social Affairs has set up a commission to prepare a draft of new regulations on working conditions and safety measures to protect workers from occupational cancer. The Committee hopes that the new regulations will be adopted in consultation with the most representative organizations of employers and workers concerned, in conformity with Article 6 of the Convention, and that the Government will provide a copy of these regulations once adopted. It trusts the new regulations will specifically determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to control in accordance with Article 1 of the Convention, and that they will contain definitive provisions on:
- the substitution of carcinogenic substances by non-carcinogenic or less harmful substances, and the reduction of the number of workers exposed to carcinogenic substances and the degree of exposure, in accordance with Article 2 of the Convention;
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:
In comments it has been making since 1983, the Committee has noted that no specific provisions exist for the application of the provisions of the Convention. In its comments for 1989, the Committee noted the adoption of the new Labour Code, section 115 of which provides for occupational safety and health regulations, rules and standards to be drawn up by the State Committee of Labour and Social Security, the Central Council of Traders Guilds of Afghanistan and the Ministry of Public Health, and requested the Government to provide information on any standards issued under this section to prevent occupational hazards due to carcinogenic substances. In 1990, the Government indicated in its report that a draft of new regulations applying the provisions of the Convention had already been completed and would be adopted in the near future. The Government's report for 1992 referred to several general provisions in the Labour Code. In particular, the Government indicated that, by virtue of section 126 of the Labour Code which calls for the elaboration of a list of occupational diseases, the Ministry of Public Health, with the assistance of the World Health Organization, had established a research centre to investigate occupational diseases.
The Committee would recall that, under Article 6(a) of the Convention, Members ratifying the Convention shall, by laws or regulations or any other method consistent with national practice and conditions and in consultation with the most representative organisations of employers and workers concerned, take such steps as may be necessary to give effect to the provisions of the Convention. The Committee hopes that the Government will take the necessary measures in the very near future to determine the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorisation or control in accordance with Article 1 and to ensure effect is given to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, reduction of the number of workers exposed to carcinogenic substances and the degree and duration of exposure), Article 3 (measures for the protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter).
In comments it has been making since 1983, the Committee has noted that no specific provisions exist for the application of the provisions of the Convention. In its comments for 1989, the Committee noted the adoption of the new Labour Code, section 115 of which provides for occupational safety and health regulations, rules and standards to be drawn up by the State Committee of Labour and Social Security, the Central Council of Traders Guilds of Afghanistan and the Ministry of Public Health, and requested the Government to provide information on any standards issued under this section to prevent occupational hazards due to carcinogenic substances. In 1990, the Government indicated in its report that a draft of new regulations applying the provisions of the Convention had already been completed and would be adopted in the near future. The Government's latest report refers to several general provisions in the Labour Code. In particular, the Government indicates that, by virtue of section 126 of the Labour Code which calls for the elaboration of a list of occupational diseases, the Ministry of Public Health, with the assistance of the World Health Organization, has established a research centre to investigate occupational diseases.
[The Government asked to report in detail for the period ending 30 June 1993.]
With reference to its observation, the Committee notes the Government's indication in its report that the regulations concerning the use of white lead in painting have been approved by the competent authorities. It requests the Government to provide further information on the following points.
1. Article 1 of the Convention. The Committee notes that regulation No. 2 prohibits the use of white lead in the internal painting of buildings, unless considered necessary by experts for use in industrial establishments. It would recall that, under Article 1 of the Convention, exceptions may be made to the prohibition of the use of white lead in the internal painting of buildings where its use is considered necessary for railway stations or industrial establishments by the competent authority, after consultation with the employers' and workers' organisations concerned. The Government is requested to indicate the manner in which employers' and workers' organisations are consulted concerning any exception granted under regulation No. 2.
2. Article 5(I)(b). The Government is requested to indicate the steps taken or envisaged to ensure that measures are taken to prevent danger arising from the application of paint (containing white lead, sulphate of lead or products containing these pigments) in the form of spray.
3. Article 5(II)(a). The Committee notes that regulation No. 3(c) provides that adequate facilities shall be provided to enable working painters to wash during and on cessation of work. The Government is requested to indicate the extent to which working painters in small establishments actually have access to such facilities, as requested in the report form under this Article.
4. Article 5(III)(a). The Committee notes that regulation No. 5 provides for cases of lead poisoning to be communicated to the concerned departments and to be verified by a scientific investigation made by a medical team. The Government is requested to indicate the department which is to be informed by virtue of this regulation and to indicate the manner in which such notification is to be made.
5. Article 5(III)(b). The Committee notes that section 119 of the Labour Code of the Democratic Republic of Afghanistan provides generally that workers engaged in work carried out under conditions harmful to health must undergo medical examinations. The Government is requested to indicate whether medical examinations are required for workers involved in painting work using white lead, sulphate of lead, or products containing these pigments and, if so, to indicate the frequency of such examinations.
6. Article 6. The Government is requested to indicate the steps taken to ensure the observance of the regulations concerning the use of white lead in painting by penalties, sanctions or by other means and to indicate the manner in which employers' and workers' organisations were consulted in this regard.
7. Article 7. The Committee notes the indication in the Government's report that information concerning diseases caused by white lead would be collected. The Government is requested to provide any statistics on the morbidity and mortality due to lead poisoning among working painters in its next report and to indicate the statistical method adopted.
8. The Committee further notes that regulation No. 3(b) calls for preventive measures to be taken to prevent danger arising from dust caused by dry rubbing down and scraping without elaborating the types of measures which could be envisaged in this regard. It, therefore, requests the Government to indicate whether any further practical guidelines or instructions exist or are envisaged to assist working painters in determining the measures to be taken in this regard in order to ensure the application of Article 5(I)(c). Furthermore, the Committee notes that regulation No. 4 calls for the Sanitation Offices of the Ministry of Public Health to give necessary instructions to working painters about the adoption of precautionary measures concerning the use of white lead in painting. The Government is requested to provide further information on the types of instructions given and the manner in which working painters are informed of these precautionary measures, in accordance with Article 5(IV).
9. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported, as requested under point V of the report form.
The Committee notes the information provided by the Government in its latest reports. In particular, it notes the practical efforts made by the Government through the labour inspection department of the Ministry of Labour and Social Affairs and the Ministry of Public Health to provide pre-employment and periodic medical examinations for workers.
In its comments for 1989, the Committee had noted the adoption of the new Labour Code, section 115 of which provides for occupational safety and health regulations, rules and standards to be set drawn up by the State Committee of Labour and Social Security, the Central Council of Traders Guilds of Afghanistan and the Ministry of Public Health, and requested the Government to provide information on any standards issued under this section to prevent occupational hazards due to carcinogenic substances. In 1990, the Government had indicated in its report that a draft of new regulations applying the provisions of the Convention had already been completed and would be adopted in the near future. The Committee would recall that, under Article 6(a) of the Convention, Members ratifying the Convention shall, by laws or regulations or any other method consistent with national practice and conditions and in consultation with the most representative organisations of employers and workers concerned, take such steps as may be necessary to give effect to the provisions of the Convention. The Committee therefore requests the Government to provide information in its next report on the progress made in adopting regulations which will determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control in accordance with Article 1 and which shall give effect to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, reduction of the number of workers exposed to carcinogenic substances and the degree and duration of exposure), Article 3 (measures for the protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter).
With reference to its previous observation, the Committee notes with interest the text of the regulations concerning the use of white lead in painting, supplied by the Government with its report. The Committee notes that regulation 7 provides that the regulations will enter into force after being published in the Official Gazette. The Government is requested to provide a copy of the relevant Official Gazette with its next report and to indicate which authorities are to ensure compliance with these regulations. The Committee is raising further comments in a request addressed directly to the Government.
In its previous comments, the Committee noted the adoption of the new Labour Code and the Government's indication that the Ministry of Public Health was considering the measures necessary to prevent occupational hazards due to carcinogenic substances and agents in the light of the Convention. The Committee notes from the Government's latest report that the process of applying the provisions of the Convention are under way and that a draft of new regulations has already been completed and will be adopted in the near future. The Committee trusts that the draft regulations will determine the carcinogenic substances and agents which shall be prohibited or regulated in accordance with Article 1 of the Convention and that they will give full effect to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, reduction of the number of workers exposed to carcinogenic substances and degree and duration of exposure), Article 3 (protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter).
The Committee requests the Government to transmit a copy of these regulations and any other regulations, rules or standards concerning occupational safety and health issued under section 115 of the Labour Code, to the Office as soon as they are adopted.
1. With reference to its previous direct request, the Committee notes from the Government's report that a new Labour Code has been adopted and that the Ministry of Public Health is presently considering the measures necessary to prevent occupational hazards due to carcinogenic substances and agents in the light of the Convention. The Committee hopes that these measures will determine the carcinogenic substances and agents which shall be prohibited or regulated in accordance with Article 1 of the Convention and that they will give full effect to Article 2 (substitution of carcinogenic substances by non-carcinogenic or less harmful substances, number of workers exposed to carcinogenic substances and degree and duration of exposure), Article 3 (protection of workers against risk of exposure to carcinogenic substances or agents and establishment of an appropriate system of records), Article 4 (providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents), and Article 5 (provision of medical examinations during the period of employment and thereafter). The Committee requests the Government to indicate in its next report the progress made in this regard.
2. Please communicate with the next report a copy of the Decree on the principal standards governing occupational safety and methods of prevention, issued under section 115 of the Labour Code.
With reference to its previous observation, the Committee notes that a new Labour Code has been adopted and that draft regulations concerning the use of white lead in painting are presently under review in the light of the Convention. The Committee hopes that it will be possible to issue these regulations in the near future and that they will prohibit the use of white lead in the internal painting of buildings in accordance with Article 1 of the Convention and regulate its use in accordance with Article 2, Article 3 (prohibiting employment of males under 18 years of age in any painting work involving the use of white lead), Article 5 (preventive and protective measures) and Article 7 (compilation of statistics as to morbidity and mortality rates with regard to lead poisoning).