Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the Underground Work (Women) Convention, 1935 (No. 45), the Safety Provisions (Building) Convention, 1937 (No. 62), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in a single comment.

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Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 45 in the category of outdated instruments, and it placed an item concerning the abrogation of this Convention on the agenda of the 113th Session of the International Labour Conference (2024). The Governing Body also asked the Office to undertake follow-up action with member States currently bound by Convention No. 45 to encourage them to ratify the up-to-date instruments relating to OSH, including, but not restricted to, the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG, and to consider ratifying the most up-to-date instruments in this field. The Committee reminds the Government of the possibility of obtaining technical assistance from the Office in this regard.

Safety Provisions (Building) Convention, 1937 (No. 62)

Articles 2 and 4 of the Convention. Legislation and inspection system. The Committee notes the Government’s indication in its report that the construction and public works sector remains the sector with the highest number of serious and fatal industrial accidents and for this reason the Government has formulated with the social partners a national occupational risk prevention strategy in the sector. The national occupational risk prevention strategy in the construction sector is based on the following components: the setting up of the National Council for Social Dialogue (CNDS); the preparation of a new decree on measures to prevent occupational risks in the construction and public works sector; the preparation of a construction sector inspection guide; the establishment of a worksite control unit within the Directorate-General for Medical Inspection and Occupational Safety; the formulation of regional occupational risk prevention programmes in the construction sector by certain occupational medicine inspection divisions to support construction enterprises in the setting up of risk prevention programmes, including medical monitoring of workers, training and awareness-raising for workers, and improvements in occupational safety, health and hygiene conditions. The Committee requests the Government to provide further information on the establishment of the worksite control unit within the Directorate-General for Medical Inspection and Occupational Safety and also a copy of the regional occupational risk prevention programmes and the construction sector inspection guide. The Committee also requests the Government to indicate whether the decree on measures to prevent occupational risks in the construction and public works sector has come into force and, if so, to send a copy of it.

Articles 6–10. Statistical information. Fall of persons or materials; electrical installations. Further to its previous comment, the Committee notes the statistical information available from the national health insurance fund in 2018 according to which the number of industrial accidents recorded in the construction and public works sector decreased from 3,261 accidents, including 36 fatal accidents, in 2015 to 3,036 accidents, including 33 fatal accidents, in 2018. The Committee notes that, according to this statistical information, the main causes of fatal accidents in 2018 were still falls from height, electrocution, falls of objects, and collisions. The Committee requests the Government to intensify its efforts to protect workers from falls from height, to prevent falls of materials and to prevent dangers arising from electrical installations, in accordance with Articles 7, 8, 9 and 10 of the Convention. It also requests the Government to continue to provide information on the number and classification of accidents covered by the Convention.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Legislation. Further to its previous comment, the Committee notes that the Government has not supplied any information on the draft amended version of Decree No. 68-328 of 1968 concerning hygiene. The Committee requests the Government to indicate whether the draft amended version of Decree No. 68-328 concerning hygiene has been adopted and, if so, to send a copy of it.

Article 6 of the Convention. Inspection system. Further to its previous comment, the Committee notes the statistical information provided in the 2017 report of the labour inspectorate, which indicates that the 18,297 inspections included 2,645 in shops and financial establishments, 36 in public administrative establishments and 197 in public offices and establishments.

Article 18. Protection against noise and vibrations. In view of the fact that there has been no reply from the Government to the Committee’s previous comment on this point and recalling that, according to the information provided by the Government in its previous reports, the standards adopted with regard to noise levels are not legally binding, the Committee once again requests the Government to provide additional information on the measures taken to ensure that these standards are actually applied.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislation. The Committee notes the Government’s indication in its report that draft amendments have been drawn up for Decree No. 75-503 concerning the use of electric current, Decree No. 68-328 concerning hygiene and the Order of 5 June 1987 concerning the prevention of mechanical risks and the protection of machinery. The Committee requests the Government to indicate whether or not these legislative texts have an impact on the application of the Convention, and to continue providing information on any new legislative measures that give effect to the Convention.

Article 18 of the Convention. Protection against noise and vibrations. The Committee notes the Government’s indication that in June 2010, technical committee CT 48 on acoustics, vibrations and mechanical shocks adopted standard NT 48.338, based on ISO standard 9612:2009 concerning the determination of occupational noise exposure (engineering method), and that the measures relating to noise pollution in offices and commercial premises are adopted on the basis of the requirements of standard ISO/NFS 31-010 concerning the characterization and measurement of environmental noise (special methods of measurement). The Committee also notes that the Occupational Safety and Health Institute considers that noise levels in offices are not the same as those in commercial premises and therefore recommends that requirements and preventive measures relating to noise should be defined according to the type of workplace. Recalling that, according to the Government’s indications in its previous report, the adopted standards relating to acoustics are not legally binding, the Committee requests the Government to provide further information on the steps taken to ensure that these standards are actually applied.

Application in practice. In the absence of a reply from the Government to its previous comment on this point, the Committee once again requests the Government to provide detailed information on the application of the Convention in practice, including, where such information is available, the number and nature of infringements reported and the number, nature and cause of occupational accidents and diseases that have been recorded.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 6 of the Convention. Statistical information. The Committee notes the statistical information provided by the Government in its report, indicating that the National Health Insurance Fund saw a steady decline in the number of occupational accidents in the construction and public works sector, falling from 5,051 accidents, 67 of which were fatal, in 2011 to 4,599 accidents, 41 of which were fatal, in 2013. It notes the indication that the main causes of accidents in 2013 continued to be falls from certain heights, electrocution, falling objects and collisions. The Committee also notes that in the framework of the joint project between Tunisia, France and Germany to promote occupational safety and health (OSH) in Tunisia, a national strategy to prevent occupational hazards in the construction sector has been developed and implemented and comprises eight areas: inter-institutional coordination and partnership; regulation and strengthening the effectiveness of the law; social dialogue; the organizational dimension of the construction sector; management of occupational hazards in construction enterprises; medical surveillance, through occupational medicine services, of construction workers; information, awareness raising and communication; and the mobilization of OSH knowledge in the construction sector. According to the Government, the programme of coordinated action to implement this strategy, which addresses the main hazards that lead to accidents in the construction sector, is being finalized. The Committee requests the Government to provide information on the results achieved through the implementation of the national strategy to prevent occupational hazards in the construction sector and to provide a copy of the programme of coordinated action for its implementation once it has been finalized. It also requests the Government to continue providing information on the number and classification of accidents within the scope of the Convention and its ongoing efforts to improve safety and health conditions in the construction sector.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

With reference to its previous comments, the Committee notes the information provided in the Government's latest report indicating that the Tunisian standards (NT) adopted on acoustics, giving effect to Article 18 of the Convention, are not legally binding but have the purpose of encouraging the social partners to reduce as far as possible the harmful effects of noise in the workplace. The Committee also notes that the draft decree submitted to the occupational organizations of employers and workers for their opinion, to which the Government referred for the first time in its report of 1992, has not been adopted yet. The Committee asks the Government to provide further information on the application of the Tunisian standards on acoustics in practice.

Part IV of the report form. Application in practice. With reference to its previous comments the Office reiterates its request to the Government to provide information on the application of the Convention in practice, including results of inspections and the number of workers covered by the legislation, once this information is available. The Committee asks the Government to provide updated information regarding the application of the Convention in practice, with its next report, as such information provides valuable indicators for an assessment of the manner in which the Convention is applied in the country.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 6 of the Convention. Statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. The Committee notes the detailed statistical information, covering the evolution of occupational accidents and diseases in the construction sector for the period 1995–2008, including the detailed analysis of the principal causes of accidents and diseases in this sector in 2008. The Committee notes the relative downward trend in the number of accidents recorded, but that the trend regarding occupational diseases is very irregular. The Committee also notes the detailed information regarding measures taken by the National Health Insurance Institution (CNAM) to address these problems, including the undertaking in 2007 of 1,234 technical assistance missions in affiliated enterprises and, in 2008, 1,307 such missions. The Committee notes with particular interest the information that the number of occupational accidents decreased by 10.8 per cent in 2007 and by 19.3 per cent in 2008 and that the CNAM would undertake similar technical assistance missions in 1,397 enterprises during 2009. The Committee also notes the financial incentives instituted by the Government including financial assistance for prevention programmes covering up to 70 per cent of the cost of the investment; a bonus/malus system concerning insurance fees including reduced premiums for enterprises willing to invest in preventive strategies and increased premiums for those refusing to do so; the imposition of increased insurance premiums as a sanction for breaches of occupational safety and health provisions; the conduct of 14 information seminars (including a seminar specifically concerning occupational safety and health in the construction sector) with the participation of technical specialists from CNAM. The Committee also notes that the Government has adopted a national programme for the management of occupational risks for the period 2009–11 with three main objectives: the promotion of health at work; the promotion of safety at work and a reduction of occupational accidents, in particular fatal and serious accidents. The Committee welcomes this information and invites the Government to continue to provide information on its continuing efforts to improve occupational safety and health conditions, in particular in the construction sector.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

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 2009, published 99th ILC session (2010)

With reference to its previous comments, the Committee notes the information provided in the Government's latest report indicating that the Tunisian standards (NT) adopted on acoustics, giving effect to Article 18 of the Convention, are not legally binding but have the purpose of encouraging the social partners to reduce as far as possible the harmful effects of noise in the workplace. The Committee also notes that the draft decree submitted to the occupational organizations of employers and workers for their opinion, to which the Government referred for the first time in its report of 1992, has not been adopted yet. The Committee asks the Government to provide further information on the application of the Tunisian standards on acoustics in practice.

Part IV of the report form. Application in practice. With reference to its previous comments the Office reiterates its request to the Government to provide information on the application of the Convention in practice, including results of inspections and the number of workers covered by the legislation, once this information is available. The Committee asks the Government to provide updated information regarding the application of the Convention in practice, with its next report, as such information provides valuable indicators for an assessment of the manner in which the Convention is applied in the country.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 6 of the Convention. Statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. The Committee notes with interest the detailed statistical information, covering the evolution of occupational accidents and diseases in the construction sector for the period 1995–2008, including the detailed analysis of the principal causes of accidents and diseases in this sector in 2008. The Committee notes the relative downward trend in the number of accidents recorded, but that the trend regarding occupational diseases is very irregular. The Committee also notes the detailed information regarding measures taken by the National Health Insurance Institution (CNAM) to address these problems, including the undertaking in 2007 of 1,234 technical assistance missions in affiliated enterprises and, in 2008, 1,307 such missions. The Committee notes with particular interest the information that the number of occupational accidents decreased by 10.8 per cent in 2007 and by 19.3 per cent in 2008 and that the CNAM would undertake similar technical assistance missions in 1,397 enterprises during 2009. The Committee also notes the financial incentives instituted by the Government including financial assistance for prevention programmes covering up to 70 per cent of the cost of the investment; a bonus/malus system concerning insurance fees including reduced premiums for enterprises willing to invest in preventive strategies and increased premiums for those refusing to do so; the imposition of increased insurance premiums as a sanction for breaches of occupational safety and health provisions; the conduct of 14 information seminars (including a seminar specifically concerning occupational safety and health in the construction sector) with the participation of technical specialists from CNAM. The Committee also notes that the Government has adopted a national programme for the management of occupational risks for the period 2009–11 with three main objectives: the promotion of health at work; the promotion of safety at work and a reduction of occupational accidents, in particular fatal and serious accidents. The Committee welcomes this information and invites the Government to continue to provide information on its continuing efforts to improve occupational safety and health conditions, in particular in the construction sector.

Revision of this Convention. The Committee would also like to draw the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. It again points out that the ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on all possible developments in this respect.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the reference to section 77 of the Labour Code, as last amended by Act No. 96-62 of 15 July 1996, which prohibits the employment of women, whatever their age, and young persons under 18 years of age on underground work in mines and quarries.

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 to promote with respect to underground work the ratification of the recent Safety and Health in Mines Convention, 1995 (No. 176), while inviting the States parties to Convention No. 45 to denounce, at the same time, this latter instrument (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 General Survey of 2001 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).

In the light of the foregoing observations, and also considering that the general trend worldwide is to provide protection for women in a fashion that does not infringe their rights to equality of opportunity and treatment, the Committee invites the Government to consider the possibility of denouncing Convention No. 45 and to contemplate ratifying 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. 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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 6 of the Convention. Statistics on the number and classification of accidents in the building industry. Further to its previous comments, the Committee notes the statistical information communicated by the Government for 2001 relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. Noting the significant increase in the number of serious accidents in the last ten years, and taking account of the fact that the building industry is among those with the highest risks of accidents, the Committee requests the Government to provide information, with its next report, on the measures taken to reduce the risks of accidents in the industry. It also requests the Government to continue to provide the statistical information required by Article 6 of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the detailed information supplied by the Government in response to its previous comments.

1. Article 18 of the Convention. Protecting workers against noise. The Committee notes that according to the Government, the Occupational Safety and Health Committee has prepared standards for individual protection and that the standardization department has adopted a number of Tunisian standards (NT) on acoustics, some of which are listed as an illustration. According to the Committee’s understanding the above texts - the draft standards on individual protection and the Tunisian standards - appear to cover the same subject, at least in part. The Committee therefore requests the Government to specify the legal status and the scope of the Tunisian standards. Furthermore, with reference to its previous comments, the Committee requests the Government to indicate whether the draft decree submitted to the occupational organizations of employers and workers for their opinion, to which the Government referred for the first time in its report of 1992, is still under study. It requests the Government to provide a copy of it as soon as it is adopted.

2. Part IV of the report form. Practical application. The Committee notes the wide-ranging information sent by the Government on the inspection system set up to monitor, inter alia, noise in the working environment, which reports to the labour inspectorate in coordination with the occupational safety and medical inspectorate and with assistance, if necessary, from the Occupational Safety and Health Institute. The Government is asked to provide information on the results of inspections carried out together with information on the number of workers covered by the legislation, the number and nature of infringements reported, penalties imposed, etc. The Committee takes this opportunity to draw the Government’s attention to the fact that such information provides valuable indicators for an assessment of the manner in which the Convention is applied in the country.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. Noting the information sent in reply to its previous comments, it would appreciate additional information on the following point.

Part IV of the report form (read in conjunction with Article 18 of the Convention). The Committee notes the Government’s statement that the draft decree on the protection of workers against noise has not yet been adopted. The Committee observes that as far back as 1992 the Government indicated in its report that the draft decree had just been formulated and submitted to the organizations of employers and workers for their comments. The Committee therefore trusts that the Government will be in a position to take all the necessary measures in the near future to adopt regulations protecting workers from noise. It requests the Government to provide a copy of the text as soon as it is adopted. Please also provide information on the manner in which the Convention is applied in practice, including for example information on the number of workers covered by the legislation in force and extracts from inspection reports indicating the number and nature of the violations reported and the sanctions imposed.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 information supplied by the Government in its latest report to the effect that no change has been made to Tunisian legislation with a view to the application of the Convention.

Part IV of the report form in conjunction with Article 18 of the Convention. The Committee recalls the Government’s statement that, in accordance with Article 18 of the Convention, a draft Decree respecting the protection of workers against noise had been formulated and submitted for their opinions to the organizations of employers and workers concerned. The Committee therefore requests the Government to indicate whether the Decree has been adopted and, if so, it requests the Government to provide a copy of the text when it has been adopted. Furthermore, it requests the Government to provide information concerning the manner in which the Convention is applied in practice, including for example the number of workers covered by the legislation that is in force and the nature of the violations reported.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. It recalls its general observation of 1988 reminding governments that each Member which ratifies this Convention undertakes to communicate, with its reports, the latest statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of this Convention. It had further indicated that according to the report form on the Convention, in addition to such information, governments were requested to report in as much detail as possible on the number of persons occupied in the building industry and covered by the statistics. The Committee notes that such statistics were provided with the Government’s report in 1991 and 1997, but that its report in 2001 does not provide similar information. It would be grateful if the Government would provide the information required by Article 6 of the Convention with its next report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its latest report to the effect that no change has been made to Tunisian legislation with a view to the application of the Convention.

Point IV of the report form in conjunction with Article 18 of the Convention. The Committee recalls the Government's statement that, in accordance with Article 18 of the Convention, a draft Decree respecting the protection of workers against noise had been formulated and submitted for their opinions to the organizations of employers and workers concerned. The Committee therefore requests the Government to indicate whether the Decree has been adopted and, if so, it requests the Government to provide a copy of the text when it has been adopted. Furthermore, it requests the Government to provide information concerning the manner in which the Convention is applied in practice, including for example the number of workers covered by the legislation that is in force and the nature of the violations reported.