Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.

Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. The Committee notes that in reply to its previous request concerning details on the inspection activities conducted by the Occupational Health and Safety Authority (OHSA),the Government provides information, in its report, on the number of workplaces inspected, violations recorded, administrative fines issued and collected, and judicial proceedings initiated and closed for 2019 and 2020. The Committee also notes that as part of an increase of inspection activities in warehouses, the OHSA report of 2019 indicates that a total of 79 warehousing facilities were inspected, of which, 67 employed five or more workers and were therefore required to keep a written record of their risk assessment. According to the OHSA report, only 39 per cent of these 67 warehouses were found to be compliant with this obligation, while only 40 per cent of the companies inspected ensured the appointment of workers’ health and safety representatives. In addition, of all the warehouses inspected, 59 had fork-lift trucks, in 29 per cent of which no valid examination report was carried out by a competent body. The Committee requests the Government to continue to provide information on the implementation of the ratified occupational safety and health Conventions, including statistical information on the inspections conducted by the OHSA and on the activities undertaken to address the shortcomings identified.

1.Protection against specific risks

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

Article 11(3) of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. In its previous comment, the Committee requested the Government to indicate how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized, with a view to ensuring that workers whose continued assignment to work involving exposure to air pollution is medically inadvisable are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security. The Committee notes that the Government’s report provides information on the eligibility to social security benefits of workers that suffer from an occupational disease associated with a respiratory illness. In addition, the Committee notes that the OHSA report indicates that during 2019, OHSA’s occupational physician was involved in investigating a number of cases of workers’ diseases to determine whether their cause was occupational or otherwise. The Committee also notes that the OHSA report does not contain information on the number of occupational diseases reported by physicians, medical personnel and/or employers. The Committee requests the Government to provide information on the number of workers whose continued assignment to work involving exposure to air pollution is medically inadvisable, and on the number who were provided with suitable alternative employment or measures which were taken to maintain their income through social security.

2.Protection in specific branches of activity

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

The Committee recalls once again that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore once again encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.

Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. In its previous comment on the application of Convention No. 148, the Committee noted the Government’s reference to research published by the Occupational Health and Safety Authority in 2011 indicating shortcomings with regard to the training of workers in the area of Occupational Safety and Health (OSH), the coverage of workers by medical examinations, the access of workers to health and safety representatives, and the carrying out of risk assessments by employers. The Committee notes that the Government indicates in its report on the application of Convention No. 148, in response to the Committee’s request, that improvements of OSH levels can only be realized through enforcement and awareness-raising activities, with the involvement of the social partners. The Committee notes that the 2018 annual report of the Occupational Health and Safety Authority contains information on awareness-raising activities and inspection visits undertaken by the Authority, including in relation to several of the observed shortcomings in 2011. It also notes from the same report that the injury and fatality rates have seen a downward trend in recent years. The Committee requests the Government to continue to provide information on the implementation of the ratified OSH Conventions. In this respect, it requests the Government to provide statistical information on the number of inspections undertaken, and the number of violations detected in the specific areas previously identified as shortcomings, as well as any measures taken by the Occupational Health and Safety Authority as a result.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 6 and 7 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Compliance by employers with those provisions. The Committee notes the Government’s reference in its report, in response to the Committee’s request, concerning the legal provisions which require the provision of appropriate guards for the use of dangerous parts of machinery. The Committee also notes, from the 2018 Report of Activities of the Occupational Health and Safety Authority, the information on inspections undertaken to ensure that employers comply with their obligations as regards machinery and equipment. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that the Government, in response to its previous request, states that, in accordance with the Protection against Risks of Back Injury at Work Places Regulations, 2003 determining the weight that may be lifted by a worker requires a risk assessment by the employer, in consultation with the workers. It notes that pursuant to section 4(3)(4) and (5) of the Regulations, employers shall take into account the worker’s capabilities as regards health and safety, as well as the worker’s medical fitness to carry out the assigned task, make necessary arrangements for the health surveillance of workers, and take all measures and precautions so as to protect groups particularly sensitive to risks. In this respect, employers shall consider the individual risk factors as laid down in Schedules I and II of the Regulations. The Committee takes note of this information.

Benzene Convention, 1971 (No. 136)

Article 6(3) of the Convention. The Committee notes the Government’s indication, in response to its previous request, that the Occupational Health and Safety Authority ensures (through inspection, enforcement and awareness initiatives) that duty holders take measures to ensure compliance with the national legislation on maximum limits of concentrations of benzene in workplaces. The Committee also notes that the Government, in response to the Committee’s request, indicates that the Occupational Health and Safety Authority has not issued directions on how to carry out measurements of the concentration of benzene within the workplace, but that it relies on international methodologies for this purpose. The Committee takes note of this information.

Application of the Convention in practice. The Committee notes the Government’s indication, in reply to its request, that the number of workplaces in the country where benzene is used is very small and that such use is only undertaken in laboratory facilities, normally involving analytical testing.

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

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. The Committee recalls that upon ratification, the Government only accepted the obligations of the Convention as regards the hazard of air pollution. The Committee notes the Government’s reference, in response to the previous Committee’s request, to the specific legislation in force as regards protection from hazards related to noise and vibration. In view of the existing legislation covering these categories of hazards, the Committee reminds the Government of the possibility of sending a formal notification to the Director General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 4. National laws or regulations regarding air pollution. The Committee notes the Government’s reference, in response to its request, to the legislation on the protection from different forms of air pollution.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes from section 36(15) of the Employment and Industrial Relations Act that workers are entitled to employment injury benefits in relation to a number of occupational diseases resulting from air pollution as listed in the Social Security Act. It further notes that, in accordance with section 35(16) of the Employment and Industrial Relations Act, employers shall find suitable employment where the disease has caused a disability rendering the employee unfit for their former employment. In this respect, the Committee recalls that it previously noted that research by the Occupational Health and Safety Authority indicated that a number of workers were not covered by medical examinations. It further notes from the 2018 report of the Occupational Health and Safety Authority (available on the website of that entity) that certain suspected cases of occupational diseases under the Social Security Act remain unnotified by medical practitioners or by employers. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers, whose continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Protection in specific branches of activity

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

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, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) 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 undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. 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 Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the reference made by the Government that “local” legislation allegedly in conformity with relevant EU directives has been adopted. The Committee requests the Government to provide further details about this legislation and transmit a copy thereof to the Committee.

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government that the referenced legislation would require an employer who assigns work which involves manual handling to any worker to carry out a risk assessment, taking into account the nature of the activity and the worker’s medical fitness to carry out the assigned task. The Committee, recalling that Article 3 states that no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load.

Article 7. Assignment of women and young workers to manual transport of loads. With reference to its previous comments the Committee notes that the referenced legislation in this area does not appear to lay down a maximum weight limit that can be transported by women and young workers. In this regard, the Committee recalls that Article 7 of the Convention requires the assignment of women and young workers to manual transport of loads other than light loads to be limited, and further requires the maximum weight of such loads to be substantially less than that permitted for male workers. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to the provisions of Article 7.

Application in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide additional information on the application of the Convention in practice, including extracts from labour inspections reports.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 6(3) of the Convention. The Committee notes the Government’s report referring to national legislation LN 227/2003, which ensures that concentrations of benzene in premises of work do not exceed a prescribed maximum concentration over a specified period. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.

Application of the Convention in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the application of the Convention in practice, including extracts from labour inspections reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. With reference to its previous comments, the Committee invites the Government to keep the Office informed of any developments in the extension of coverage of the Convention with respect to noise and vibration.

Article 4. National laws or regulations. The Committee notes that the following laws regulate the quality of air in places of work: Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations, 2003; Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations, 2006; Protection of Workers from the Risk related to Exposure to Carcinogens or Mutagens at Work Regulations, 2003; and the Workplace (Minimum Health and Safety Requirements) Regulations, 2002. The Committee recalls that Article 3(a) of the Convention defines air pollution as all air contaminated by substances, which are harmful to health or otherwise dangerous. In this respect, the Committee asks the Government to indicate the relevant legislation which covers air contamination from other substances harmful to health or otherwise dangerous, not covered by the abovementioned laws.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes that the Government’s report is again silent on this matter. It therefore reiterates its request that the Government indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures in accordance with this provision of the Convention.

Application in practice. The Committee notes the information provided by the Government in relation to the research published by the Occupational Health and Safety Authority in 2011 concerning prevailing levels of occupational health and safety (OHS) in Malta. The key findings of this research show that the number of workers who were injured or fell ill while at work is significant, with a large amount of such cases going unreported. In addition, it was found that a number of workers are still not being provided OHS training as required by law; are not covered by a medical examination; and do not have access to a workers’ health and safety representative. Furthermore a number of employers are not carrying out risk assessments and have not drawn up an OHS policy. The Committee notes with concern these findings and requests that the Government provide further information in its next report on measures taken or envisaged to improve the working environment, in particular in relation to air pollution. The Committee takes this opportunity to invite the Government to request technical assistance from the ILO with a view to ensuring an effective application of this Convention in practice.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and in particular the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the reference made by the Government that “local” legislation allegedly in conformity with relevant EU directives has been adopted. The Committee requests the Government to provide further details about this legislation and transmit a copy thereof to the Committee.

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government that the referenced legislation would require an employer who assigns work which involves manual handling to any worker to carry out a risk assessment, taking into account the nature of the activity and the worker’s medical fitness to carry out the assigned task. The Committee, recalling that Article 3 states that no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load.

Article 7. Assignment of women and young workers to manual transport of loads. With reference to its previous comments the Committee notes that the referenced legislation in this area does not appear to lay down a maximum weight limit that can be transported by women and young workers. In this regard, the Committee recalls that Article 7 of the Convention requires the assignment of women and young workers to manual transport of loads other than light loads to be limited, and further requires the maximum weight of such loads to be substantially less than that permitted for male workers. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to the provisions of Article 7.

Application in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide additional information on the application of the Convention in practice, including extracts from labour inspections reports.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 6(3) of the Convention. The Committee notes the Government’s report referring to national legislation LN 227/2003, which ensures that concentrations of benzene in premises of work do not exceed a prescribed maximum concentration over a specified period. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.

Application of the Convention in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the application of the Convention in practice, including extracts from labour inspections reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. With reference to its previous comments, the Committee invites the Government to keep the Office informed of any developments in the extension of coverage of the Convention with respect to noise and vibration.

Article 4. National laws or regulations. The Committee notes that the following laws regulate the quality of air in places of work: Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations, 2003; Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations, 2006; Protection of Workers from the Risk related to Exposure to Carcinogens or Mutagens at Work Regulations, 2003; and the Workplace (Minimum Health and Safety Requirements) Regulations, 2002. The Committee recalls that Article 3(a) of the Convention defines air pollution as all air contaminated by substances, which are harmful to health or otherwise dangerous. In this respect, the Committee asks the Government to indicate the relevant legislation which covers air contamination from other substances harmful to health or otherwise dangerous, not covered by the abovementioned laws.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes that the Government’s report is again silent on this matter. It therefore reiterates its request that the Government indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures in accordance with this provision of the Convention.

Application in practice. The Committee notes the information provided by the Government in relation to the research published by the Occupational Health and Safety Authority in 2011 concerning prevailing levels of occupational health and safety (OHS) in Malta. The key findings of this research show that the number of workers who were injured or fell ill while at work is significant, with a large amount of such cases going unreported. In addition, it was found that a number of workers are still not being provided OHS training as required by law; are not covered by a medical examination; and do not have access to a workers’ health and safety representative. Furthermore a number of employers are not carrying out risk assessments and have not drawn up an OHS policy. The Committee notes with concern these findings and requests that the Government provide further information in its next report on measures taken or envisaged to improve the working environment, in particular in relation to air pollution. The Committee takes this opportunity to invite the Government to request technical assistance from the ILO with a view to ensuring an effective application of this Convention in practice.

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

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and in particular the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

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

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

Legislation. The Committee notes the reference made by the Government that “local” legislation allegedly in conformity with relevant EU directives has been adopted. The Committee requests the Government to provide further details about this legislation and transmit a copy thereof to the Committee.

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government that the referenced legislation would require an employer who assigns work which involves manual handling to any worker to carry out a risk assessment, taking into account the nature of the activity and the worker’s medical fitness to carry out the assigned task. The Committee, recalling that Article 3 states that no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load.

Article 7. Assignment of women and young workers to manual transport of loads. With reference to its previous comments the Committee notes that the referenced legislation in this area does not appear to lay down a maximum weight limit that can be transported by women and young workers. In this regard, the Committee recalls that Article 7 of the Convention requires the assignment of women and young workers to manual transport of loads other than light loads to be limited, and further requires the maximum weight of such loads to be substantially less than that permitted for male workers. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to the provisions of Article 7.

Part V of the report form. Application in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide additional information on the application of the Convention in practice, including extracts from labour inspections reports.

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

Article 6(3) of the Convention. The Committee notes the Government’s report referring to national legislation LN 227/2003, which ensures that concentrations of benzene in premises of work do not exceed a prescribed maximum concentration over a specified period. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.

Part IV of the report form. Application of the Convention in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the application of the Convention in practice, including extracts from labour inspections reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

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

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. With reference to its previous comments, the Committee invites the Government to keep the Office informed of any developments in the extension of coverage of the Convention with respect to noise and vibration.

Article 4. National laws or regulations. The Committee notes that the following laws regulate the quality of air in places of work: Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations, 2003; Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations, 2006; Protection of Workers from the Risk related to Exposure to Carcinogens or Mutagens at Work Regulations, 2003; and the Workplace (Minimum Health and Safety Requirements) Regulations, 2002. The Committee recalls that Article 3(a) of the Convention defines air pollution as all air contaminated by substances, which are harmful to health or otherwise dangerous. In this respect, the Committee asks the Government to indicate the relevant legislation which covers air contamination from other substances harmful to health or otherwise dangerous, not covered by the abovementioned laws.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes that the Government’s report is again silent on this matter. It therefore reiterates its request that the Government indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures in accordance with this provision of the Convention.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government in relation to the research published by the Occupational Health and Safety Authority in 2011 concerning prevailing levels of occupational health and safety (OHS) in Malta. The key findings of this research show that the number of workers who were injured or fell ill while at work is significant, with a large amount of such cases going unreported. In addition, it was found that a number of workers are still not being provided OHS training as required by law; are not covered by a medical examination; and do not have access to a workers’ health and safety representative. Furthermore a number of employers are not carrying out risk assessments and have not drawn up an OHS policy. The Committee notes with concern these findings and requests that the Government provide further information in its next report on measures taken or envisaged to improve the working environment, in particular in relation to air pollution. The Committee takes this opportunity to invite the Government to request technical assistance from the ILO with a view to ensuring an effective application of this Convention in practice.

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. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and in particular the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the information contained in the Government’s report, and in particular the Government’s responses to its previous comments, which indicate further effect given to Articles 1, 2, 4(2), 8, 9, 11(1), 12, 13, 14 and 16 of the Convention.

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. With reference to its previous comments, the Committee invites the Government to keep the Office informed of any developments in the extension of coverage of the Convention with respect to noise and vibration.

Article 4. National laws or regulations. The Committee notes that the following laws regulate the quality of air in places of work: Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations, 2003; Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations, 2006; Protection of Workers from the Risk related to Exposure to Carcinogens or Mutagens at Work Regulations, 2003; and the Workplace (Minimum Health and Safety Requirements) Regulations, 2002. The Committee recalls that Article 3(a) of the Convention defines air pollution as all air contaminated by substances, which are harmful to health or otherwise dangerous. In this respect, the Committee asks the Government to indicate the relevant legislation which covers air contamination from other substances harmful to health or otherwise dangerous, not covered by the abovementioned laws.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes that the Government’s report is again silent on this matter. It therefore reiterates its request that the Government indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to air pollution is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures in accordance with this provision of the Convention.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government in relation to the research published by the Occupational Health and Safety Authority in 2011 concerning prevailing levels of occupational health and safety (OHS) in Malta. The key findings of this research show that the number of workers who were injured or fell ill while at work is significant, with a large amount of such cases going unreported. In addition, it was found that a number of workers are still not being provided OHS training as required by law; are not covered by a medical examination; and do not have access to a workers’ health and safety representative. Furthermore a number of employers are not carrying out risk assessments and have not drawn up an OHS policy. The Committee notes with concern these findings and requests that the Government provide further information in its next report on measures taken or envisaged to improve the working environment, in particular in relation to air pollution. The Committee takes this opportunity to invite the Government to request technical assistance from the ILO with a view to ensuring an effective application of this Convention in practice.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

The Committee notes the information provided regarding effect given to Articles 5–7 of the Convention. The Committee also notes with interest, the information regarding recently adopted legislation including the Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Noise) Regulations 2006 and the Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Vibration) Regulations 2005. The Committee notes that, although the Government previously has only accepted the application of the Convention as regards to air pollution, the recently adopted legislation paves the way for an extension of the coverage of the Convention to cover also noise and vibration. The Committee requests the Government to keep the Office informed of any developments in this respect.

Article 4 of the Convention. Codes of practice. The Committee notes the information that no codes of practice have been issued by the Occupational Health and Safety Authority. The Committee requests the Government to keep the Office informed of any new developments in this respect.

Article 8. Exposure limits. The Committee notes the Government’s indication that its current limit values laid down in local amendments have been transposed from relevant EU Directives. However, the Committee would still request the Government to provide information with its next report on the criteria established to determine the limits of exposure to air pollution in the working environment, as provided in Article 8.

Article 11(1). Medical examination. The Committee notes that, in response to its previous comment, the Government indicates that the enforcement of the General Provisions for Health and Safety at Workplaces Regulation (LN 36 of 2003) including section 16 which calls for pre-assignment medical examinations to be carried out, falls within the remit of the Occupational Health and Safety Authority. The Committee requests the Government to provide further information on the practical application of this Article including the nature and frequency of the periodical medical examinations.

The Committee notes that the Government’s report is silent on the Committee’s comments on the application of the Articles below and urges the Government to provide further information in response thereto.

Article 1(2) and (3) of the Convention. Excluded branches. The Committee notes that under section 3 of the Occupational Health and Safety Authority Act (Chapter 424) (Act No. 27 of 2000), activities carried out by members of the armed forces, the police force or by the civil protection services are excluded from the application of the Act. It notes that the occupational health and safety of these workers must be ensured as far as possible in the light of the overall scope of these services. The Committee requests the Government to supply information with its next report on the measures taken to ensure the occupational safety and health protection in respect to air pollution for these branches and to provide copies of relevant regulations.

Article 2. Air pollution, noise and vibration. The Committee notes with interest the adoption in April 2004 of Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks arising from exposure to Noise) Regulations, 2004 (Legal Notice 185 of 2004). It asks the Government to provide information with its next report to the extent to which effect has been given or is proposed to be given to the Convention in respect of the hazard of noise. It also asks the Government to provide information on whether measures have been taken or envisaged to issue special regulations applicable to air pollution and vibration, and whether the Government envisages adopting a legal definition of “air pollution”.

Article 9. Technical measures. The Committee requests the Government to provide information with its next report on the technical measures applied to new plant or processes in design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, as called for by Article 9 of the Convention.

...

Article 11(3). Alternative employment. With respect to finding alternative employment or means of income maintenance through social security for a worker whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable, the Committee notes the Government’s statement that the Occupational Health and Safety Authority does not deal with conditions of employment. The Committee requests the Government to provide information with its next report on how it is ensured that workers whose continued assignment is medically inadvisable either gets alternative employment or income maintenance through social security.

Article 12. Notification to competent authority. The Committee notes the Government’s statement that the Occupational Safety and Health Authority is not notified of the intended use of toxic chemical or materials and that it does not comment on new plants or processes in the design or installation stages. It also notes that the only exceptions for notification is control of major hazards installations, work that may expose workers to high asbestos counts, the use of radioactive material and for certain construction sites (when work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or on which the volume of work is scheduled to exceed 500 person-days). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the competent authority is notified of the use of processes, machines or equipment, to be determined by the competent authority, which involve exposure of workers to hazards due to air pollution, as called for by Article 12 of the Convention.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that under section 6(3) of Act No. 27 of 2000 and section 12 of the Legal Notice No. 36 of 2003 it is the duty of employers to provide information, instruction, training and supervision of workers, in accordance with the Convention. It requests the Government to provide detailed information with its next report on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which and the frequency with which they are provided.

Article 14. Research. The Committee notes that section 9(2)(k) of Act No. 27 of 2000 states that the Occupational Safety and Health Authority shall promote and carry out scientific research aimed at identifying better methods of preventing occupational ill health, injury or death. It asks the Government to provide information with its next report on any researched initiative carried out in relation to hazards in the working environment due to air pollution and their results.

Article 16 and Part IV of the report form. Penalties and labour inspection. The Committee notes that section 38 of Act No. 27 of 2000 and section 21 of Legal Notice No. 36 of 2003 ensures that any offence of the legislation may result in a fine or imprisonment. It asks the Government to provide information with its next report whether any fine or imprisonment has been imposed and the reasons for doing so.

The Committee notes that sections 15–20 of Act No. 27 of 2000 establish labour inspection services ensuring the application of the legislation and asks the Government to provide information with its next report information on the labour inspections that have been carried out, and if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, the number and nature of contraventions reported, etc.

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

New legislation. The Committee notes the reference made by the Government that new “local” legislation allegedly in conformity with relevant EU directives has been adopted. The Committee requests the Government to provide further details about this legislation and transmit a copy thereof to the Committee.

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government that the referenced new legislation would require an employer who assigns work which involves manual handling to any worker to carry out a risk assessment, taking into account the nature of the activity and the worker’s medical fitness to carry out the assigned task. The Committee, recalling that Article 3 states that no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load.

Article 7. Assignment of women and young workers to manual transport of loads. With reference to its previous comments the Committee notes that the referenced new legislation in this area does not appear to lay down a maximum weight limit that can be transported by women and young workers. In this regard, the Committee recalls that Article 7 of the Convention requires the assignment of women and young workers to manual transport of loads other than light loads to be limited, and further requires the maximum weight of such loads to be substantially less than that permitted for male workers. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to the provisions of Article 7.

Part V of the report form. Application in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide additional information on the application of the Convention in practice, including extracts from labour inspections reports.

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

Article 6(3) of the Convention. The Committee notes the Government’s report referring to national legislation LN 227/2003, which ensures that concentrations of benzene in premises of work do not exceed a prescribed maximum concentration over a specified period. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits to benzene are not exceeded, including information on whether the competent authority has issued directions on how to carry out measurements of the concentration of benzene within the workplace.

Part IV of the report form. Application of the Convention in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the application of the Convention in practice, including extracts from labour inspections reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

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

The Committee notes the information provided regarding effect given to Articles 5–7 of the Convention. The Committee also notes with interest, the information regarding recently adopted legislation including the Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Noise) Regulations 2006 and the Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Vibration) Regulations 2005. The Committee notes that, although the Government previously has only accepted the application of the Convention as regards to air pollution, the recently adopted legislation paves the way for an extension of the coverage of the Convention to cover also noise and vibration. The Committee requests the Government to keep the Office informed of any developments in this respect.

Article 4 of the Convention. Codes of practice. The Committee notes the information that no codes of practice have been issued by the Occupational Health and Safety Authority. The Committee requests the Government to keep the Office informed of any new developments in this respect.

Article 8. Exposure limits. The Committee notes the Government’s indication that its current limit values laid down in local amendments have been transposed from relevant EU Directives. However, the Committee would still request the Government to provide information with its next report on the criteria established to determine the limits of exposure to air pollution in the working environment, as provided in Article 8.

Article 11(1). Medical examination. The Committee notes that, in response to its previous comment, the Government indicates that the enforcement of the General Provisions for Health and Safety at Workplaces Regulation (LN 36 of 2003) including section 16 which calls for pre-assignment medical examinations to be carried out, falls within the remit of the Occupational Health and Safety Authority. The Committee requests the Government to provide further information on the practical application of this Article including the nature and frequency of the periodical medical examinations.

The Committee notes that the Government’s report is silent on the Committee’s comments on the application of the articles below and urges the Government to provide further information in response thereto.

Article 1(2) and (3) of the Convention. Excluded branches. The Committee notes that under section 3 of the Occupational Health and Safety Authority Act (Chapter 424) (Act No. 27 of 2000), activities carried out by members of the armed forces, the police force or by the civil protection services are excluded from the application of the Act. It notes that the occupational health and safety of these workers must be ensured as far as possible in the light of the overall scope of these services. The Committee requests the Government to supply information with its next report on the measures taken to ensure the occupational safety and health protection in respect to air pollution for these branches and to provide copies of relevant regulations.

Article 2. Air pollution, noise and vibration. The Committee notes with interest the adoption in April 2004 of Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks arising from exposure to Noise) Regulations, 2004 (Legal Notice 185 of 2004). It asks the Government to provide information with its next report to the extent to which effect has been given or is proposed to be given to the Convention in respect of the hazard of noise. It also asks the Government to provide information on whether measures have been taken or envisaged to issue special regulations applicable to air pollution and vibration, and whether the Government envisages adopting a legal definition of “air pollution”.

Article 9. Technical measures. The Committee requests the Government to provide information with its next report on the technical measures applied to new plant or processes in design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, as called for by Article 9 of the Convention.

...

Article 11(3). Alternative employment. With respect to finding alternative employment or means of income maintenance through social security for a worker whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable, the Committee notes the Government’s statement that the Occupational Health and Safety Authority does not deal with conditions of employment. The Committee requests the Government to provide information with its next report on how it is ensured that workers whose continued assignment is medically inadvisable either gets alternative employment or income maintenance through social security.

Article 12. Notification to competent authority. The Committee notes the Government’s statement that the Occupational Safety and Health Authority is not notified of the intended use of toxic chemical or materials and that it does not comment on new plants or processes in the design or installation stages. It also notes that the only exceptions for notification is control of major hazards installations, work that may expose workers to high asbestos counts, the use of radioactive material and for certain construction sites (when work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or on which the volume of work is scheduled to exceed 500 person-days). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the competent authority is notified of the use of processes, machines or equipment, to be determined by the competent authority, which involve exposure of workers to hazards due to air pollution, as called for by Article 12 of the Convention.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that under section 6(3) of Act No. 27 of 2000 and section 12 of the Legal Notice No. 36 of 2003 it is the duty of employers to provide information, instruction, training and supervision of workers, in accordance with the Convention. It requests the Government to provide detailed information with its next report on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which and the frequency with which they are provided.

Article 14. Research. The Committee notes that section 9(2)(k) of Act No. 27 of 2000 states that the Occupational Safety and Health Authority shall promote and carry out scientific research aimed at identifying better methods of preventing occupational ill health, injury, or death. It asks the Government to provide information with its next report on any researched initiative carried out in relation to hazards in the working environment due to air pollution and their results.

Article 16 and Part IV of the report form. Penalties and labour inspection. The Committee notes that section 38 of Act No. 27 of 2000 and section 21 of Legal Notice No. 36 of 2003 ensures that any offence of the legislation may result in a fine or imprisonment. It asks the Government to provide information with its next report whether any fine or imprisonment has been imposed and the reasons for doing so.

The Committee notes that sections 15–20 of Act No. 27 of 2000 establish labour inspection services ensuring the application of the legislation and asks the Government to provide information with its next report information on the labour inspections that have been carried out, and if such statistics are available, information on the number of workers cover by the relevant legislation and other measures, the number and nature of contraventions reported, etc.

[The Government is asked to reply in detail to the present comments in 2011.]

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

The Committee notes the information provided concerning effect given to Article 10 of the Convention.

The Committee notes with regret that the Government has not replied to its comments concerning Articles 6 and 7 that it has been repeating since 1992. The Committee must therefore reiterate its previous requests which were drafted as the following:

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and in particular the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

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

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

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 following matters raised in its previous direct request:

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and, in particular, the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

Article 10. Employer’s duty to bring national laws and regulations relating to the guarding of machinery to the notice of workers. With reference to its previous comments concerning the employer’s duty to inform the workers of the dangers to which they are exposed, as stipulated in section 49(4) of the Factories (Health, Safety and Welfare) Act, and the employer’s duty to provide such information and instruction, in accordance with section 6, paragraph (3), of the Occupational Health and Safety Authority Act 2000, the Committee notes that this information shall also include national laws or regulations relating to the guarding of machinery. It requests the Government to provide information on the practical application on the measures taken to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

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

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 7 of the Convention. Women and young workers. The Committee notes the adoption of the Protection of Maternity at Work Places Regulations (LN 92 of 2000) and the Protection of Young Persons at Work Places Regulations (LN 91 of 2000, as amended by LN 283 of 2004). It notes that the First Schedule to LN 92 of 2000 provides a non-exhaustive list of physical work, such as handling loads, for which an assessment has to be carried out before pregnant workers, mothers or breastfeeding women can transport loads. However, the Committee notes that there is no specific mention of women workers who are not pregnant, breastfeeding or being a mother. With respect to young workers, it notes that section 4(1a) of LN 91 of 2000 provides that employers shall ensure that the work assigned is not beyond such young person’s physical or psychological capacity. The Committee notes in this respect the Government’s statement, as a response to its previous request that, beside the legislation adopted (as mentioned above), no specific guidelines has been issued with respect to limiting the assignment of women and young persons for the manual transportation of loads. Considering that neither LN 92 of 2000 (with respect to women), nor LN 91 of 2000 (with respect to young workers) provide a limit to what women and young workers can manually transport, the Committee requests the Government to provide additional information in its next report on measures taken or envisaged to ensure the full application of Article 7 of the Convention, particularly ensuring that all women workers are covered.

Part IV of the report form. Practical application of the Convention. The Committee notes the adoption of the Occupational Health and Safety Authority Act (Act No. XXVII of 2000) establishing the occupational health and safety authority and the safety appeals board. It notes that section 5 of the Act provides that the Occupational Health and Safety Authority shall ensure that occupational safety and health protection is maintained. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, including extracts from labour inspection reports.

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

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 6, paragraph 3, of the Convention. Directions issued on measurement of the concentration of benzene in the air in places of employment. The Committee notes the Government’s statement that no specific directives have been issued on the obligation to carry out measurement of the concentration of benzene in the air of places of employment. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to issue directions on measuring the concentration of benzene in the air of places of employment, in accordance with the Convention.

Part IV of the report form. Practical application of the Convention. The Committee notes the adoption of the Occupational Health and Safety Authority Act (Act No. XXVII of 2000) establishing the Occupational Health and Safety Authority and the Safety Appeals Board. It notes that section 5 of the Act provides that the Occupational Health and Safety Authority shall ensure that occupational safety and health protection is maintained. The Committee requests the Government to provide information in its next report on the practical application of the Convention, including extracts from labour inspection reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

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

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 1, subparagraphs 2 and 3, of the Convention. Excluded branches. The Committee notes that, under section 3 of the Occupational Health and Safety Authority Act (Chapter 424) (Act No. 27 of 2000), activities carried out by members of the armed forces, the police force or by the civil protection services are excluded from the application of the Act. It notes that the occupational health and safety of these workers must be ensured as far as possible in the light of the overall scope of these services. The Committee requests the Government to provide information in its next report on the measures taken to ensure the occupational safety and health protection in respect to air pollution for these branches and to provide copies of relevant regulations.

Article 2. Air pollution, noise and vibration. The Committee notes with interest the adoption in April 2004 of Workplace (Minimum Health and Safety Requirements for the Protection of Workers from Risks Arising from Exposure to Noise) Regulations, 2004 (Legal Notice No. 185 of 2004). It asks the Government to provide information with its next report on the extent to which effect has been given or is proposed to be given to the Convention in respect of the hazard of noise. It also asks the Government to provide information on the measures taken or envisaged to issue special regulations applicable to air pollution and vibration, and whether the Government envisages adopting a legal definition of “air pollution”.

Article 4. Codes of practice. Having previously noted that the Occupational Safety and Health Authority is the responsible authority under the Convention and that, under section 9(2)(e) of Act No. 27 of 2000, it may issue regulations or codes of practice, the Committee requests the Government to provide information with its next report on whether any regulations or codes of practice have been issued with respect to the hazard of air pollution in the working environment and to provide copies of them.

Articles 5, 6 and 7. Collaboration between the authority and the social partners. The Committee notes that Parts II and III require collaboration between the Occupational Health and Safety Authority, employers’ and workers’ organizations with respect to occupational safety and health, and requests the Government to provide detailed information on how the collaboration between the authority and the social partners is carried out in practice.

Article 8. Exposure limits. The Committee notes that section 6(1) of the General Provisions for Health and Safety at Workplaces Regulation, 2003 (Legal Notice No. 36 of 2003) states that employers shall evaluate risks to occupational health and safety in the working environment. However, it notes that there is no reference to determining exposure limits of air pollution, nor is there any reference to procedures whereby the established criteria and exposure limits are to be regularly supplemented and revised in the light of current national and international knowledge and data. The Committee requests the Government to provide information with its next report on the criteria established to determine the limits of hazards of exposure to air pollution in the working environment, taking into account the opinion of the technically competent person designated by the most representative organizations of employers and workers concerned and on measures taken to ensure that these exposure limits are being revised regularly in the light of current national and international knowledge and the measures taken to ensure that the exposure limits to air pollution is respected, as called for by Article 8 of the Convention.

Article 9. Technical measures. The Committee requests the Government to provide information with its next report on the technical measures applied to new plant or processes in design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, as called for by Article 9 of the Convention.

Article 11. Medical examination and alternative employment. The Committee notes that section 16 of Legal Notice No. 36 of 2003 provides for employers’ duty to ensure that a worker is entitled to undergo health surveillance at regular intervals and that this is free of cost to the worker concerned (section 8). It notes the Government’s statement that, when there are no statutory requirements, it is up to a competent person appointed by the employer to determine which particular medical examinations are to be conducted and to which workers/groups of workers this shall apply. However, the Committee must recall that the conditions and circumstances whereby such supervision is provided under the Convention is to be determined by the competent authority and that supervision is to include a pre‑assignment medical examination and periodical examinations. The Committee requests the Government to indicate who or which body constitutes the competent authority or body. It also asks the Government to indicate particulars of the circumstances determined by the competent authority in which supervision of the health of workers is required in order to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution are provided with pre-assignment and periodical medical examinations.

With respect to finding alternative employment or means of income maintenance through social security for a worker whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable, the Committee notes the Government’s statement that the Occupational Health and Safety Authority does not deal with conditions of employment. The Committee requests the Government to provide information with its next report on how it is ensured that workers whose continued assignment is medically inadvisable either get alternative employment or income maintenance through social security, as called for in Article 11(3) of the Convention.

Article 12. Notification to competent authority. The Committee notes the Government’s statement that the Occupational Safety and Health Authority is not notified of the intended use of toxic chemicals or materials and that it does not comment on new plants or processes in the design or installation stages. It also notes that the only exception for notification is control of major hazards installations, work that may expose workers to high asbestos counts, the use of radioactive material and for certain construction sites (when work is scheduled to last longer than 30 working days and in which more than 20 workers are occupied simultaneously, or in which the volume of work is scheduled to exceed 500 person-days). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the competent authority is notified of the use of processes, machines or equipment, to be determined by the competent authority, which involve exposure of workers to hazards due to air pollution, as called for by Article 12 of the Convention.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that, under section 6(3) of Act No. 27 of 2000 and section 12 of Legal Notice No. 36 of 2003, it is the duty of employers to provide information, instruction, training and supervision of workers, in accordance with the Convention. It requests the Government to provide detailed information with its next report on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which, and the frequency at which, they are provided.

Article 14. Research. The Committee notes that section 9(2)(k) of Act No. 27 of 2000 states that the Occupational Safety and Health Authority shall promote and carry out scientific research aimed at identifying better methods of preventing occupational ill health, injury or death. It asks the Government to provide information with its next report on any research initiative carried out in relation to hazards in the working environment due to air pollution and their results.

Article 16 and Part IV of the report form. Penalties and labour inspection. The Committee notes that section 38 of Act No. 27 of 2000 and section 21 of Legal Notice No. 36 of 2003 ensure that any offence under the legislation may result in a fine or imprisonment. It asks the Government to provide information with its next report as to whether any fine or imprisonment has been imposed and the reasons for doing so.

The Committee notes that sections 15–20 of Act No. 27 of 2000 establish labour inspection services ensuring the application of the legislation and asks the Government to provide information with its next report on the labour inspections that have been carried out and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, disaggregated by sex, if available, the number and nature of contraventions reported, etc.

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

1. The Committee notes the information contained in the Government’s report. It notes in particular the information related to the application of Article 2, paragraphs 2 and 4, of the Convention.

2. Article 6. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards.

3. Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and, in particular, the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand, the Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

4. Article 10. Employer’s duty to bring national laws and regulations relating to the guarding of machinery to the notice of workers. With reference to its previous comments concerning the employer’s duty to inform the workers of the dangers to which they are exposed, as stipulated in section 49(4) of the Factories (Health, Safety and Welfare) Act, and the employer’s duty to provide such information and instruction, in accordance with section 6, paragraph (3), of the Occupational Health and Safety Authority Act 2000, the Committee notes that this information shall also include national laws or regulations relating to the guarding of machinery. It requests the Government to provide information on the practical application on the measures taken to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

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

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 7 of the Convention. Women and young workers. The Committee notes the adoption of the Protection of Maternity at Work Places Regulations (LN 92 of 2000) and the Protection of Young Persons at Work Places Regulations (LN 91 of 2000, as amended by LN 283 of 2004). It notes that the First Schedule to LN 92 of 2000 provides a non-exhaustive list of physical work, such as handling loads, for which an assessment has to be carried out before pregnant workers, mothers or breastfeeding women can transport loads. However, the Committee notes that there is no specific mention of women workers who are not pregnant, breastfeeding or being a mother. With respect to young workers, it notes that section 4(1a) of LN 91 of 2000 provides that employers shall ensure that the work assigned is not beyond such young person’s physical or psychological capacity. The Committee notes in this respect the Government’s statement, as a response to its previous request that, beside the legislation adopted (as mentioned above), no specific guidelines has been issued with respect to limiting the assignment of women and young persons for the manual transportation of loads. Considering that neither LN 92 of 2000 (with respect to women), nor LN 91 of 2000 (with respect to young workers) provide a limit to what women and young workers can manually transport, the Committee requests the Government to provide additional information in its next report on measures taken or envisaged to ensure the full application of Article 7 of the Convention, particularly ensuring that all women workers are covered. 

3. Part IV of the report form. Practical application of the Convention. The Committee notes the adoption of the Occupational Health and Safety Authority Act (Act No. XXVII of 2000) establishing the occupational health and safety authority and the safety appeals board. It notes that section 5 of the Act provides that the Occupational Health and Safety Authority shall ensure that occupational safety and health protection is maintained. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, including extracts from labour inspection reports.

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

1. Further to its observation, the Committee requests the Government to provide additional information on the following points:

2. Article 6, paragraph 3, of the Convention. Directions issued on measurement of the concentration of benzene in the air in places of employment. The Committee notes the Government’s statement that no specific directives have been issued on the obligation to carry out measurement of the concentration of benzene in the air of places of employment. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to issue directions on measuring the concentration of benzene in the air of places of employment, in accordance with the Convention.

3. Part IV of the report form. Practical application of the Convention. The Committee notes the adoption of the Occupational Health and Safety Authority Act (Act No. XXVII of 2000) establishing the Occupational Health and Safety Authority and the Safety Appeals Board. It notes that section 5 of the Act provides that the Occupational Health and Safety Authority shall ensure that occupational safety and health protection is maintained. The Committee requests the Government to provide information in its next report on the practical application of the Convention, including extracts from labour inspection reports, the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by gender if possible.

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

1. The Committee notes the information contained in the Government’s report and the attached legislation. The Committee notes with satisfaction the legislative measures undertaken by the adoption of the General Provisions for Health and Safety at Work Places Regulations (LN 36 of 2003) and the Protection against Risks of Back Injury at Work Places Regulations (LN 35 of 2003), which ensure the application of Articles 1, 3, 4, 5 and 6 of the Convention.

2. The Committee is raising certain other points in a request addressed directly to the Government.

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

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 14 of the Convention. National legislation. The Committee notes with interest the legislative measures undertaken by the adoption of the General Provisions of Health and Safety at Workplaces Regulations (LN 36 of 2003) and the Regulations on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (LN 122 of 2003) ensure the application of Articles 2, 4, 5, 6, 7, 8, 9, 10, 12 and 13 of the Convention. It particularly notes that the concentration of benzene in the air in places of employment shall not exceed 3.25 mg/m3 (1 ppm) (Schedule III of LN 122 of 2003). The Committee further notes with interest the adoption of the Protection of Maternity at Workplaces Regulations (LN 92 of 2000), and the Protection of Young Persons at Workplaces Regulations (LN 91 of 2000, as amended by LN 283 of 2004) ensures the full application of Article 11 of the Convention.

3. Articles 9 and 10. Medical examinations free of cost for workers. With reference to its previous comments the Committee notes with satisfaction that section 16 of LN 36 of 2003 and section 14 of LN 122 of 2003 now provide that pre-employment and, periodically thereafter, medical examination, shall be carried out and that Schedule II of LN 122 of 2003 provide recommendations that these records shall be kept and, where appropriate, biological monitoring shall be carried out. It also notes the Government’s statement that the records shall be kept for at least 40 years after the end of the exposure.

4. The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 1, subparagraphs 2 and 3, of the Convention. Excluded branches. The Committee notes that, under section 3 of the Occupational Health and Safety Authority Act (Chapter 424) (Act No. 27 of 2000), activities carried out by members of the armed forces, the police force or by the civil protection services are excluded from the application of the Act. It notes that the occupational health and safety of these workers must be ensured as far as possible in the light of the overall scope of these services. The Committee requests the Government to provide information in its next report on the measures taken to ensure the occupational safety and health protection in respect to air pollution for these branches and to provide copies of relevant regulations.

3. Article 2. Air pollution, noise and vibration. The Committee notes with interest the adoption in April 2004 of Workplace (Minimum Health and Safety Requirements for the Protection of Workers from Risks Arising from Exposure to Noise) Regulations, 2004 (Legal Notice No. 185 of 2004). It asks the Government to provide information with its next report on the extent to which effect has been given or is proposed to be given to the Convention in respect of the hazard of noise. It also asks the Government to provide information on the measures taken or envisaged to issue special regulations applicable to air pollution and vibration, and whether the Government envisages adopting a legal definition of "air pollution".

4. Article 4. Codes of practice. Having previously noted that the Occupational Safety and Health Authority is the responsible authority under the Convention and that, under section 9(2)(e) of Act No. 27 of 2000, it may issue regulations or codes of practice, the Committee requests the Government to provide information with its next report on whether any regulations or codes of practice have been issued with respect to the hazard of air pollution in the working environment and to provide copies of them.

5. Articles 5, 6 and 7. Collaboration between the authority and the social partners. The Committee notes that Parts II and III require collaboration between the Occupational Health and Safety Authority, employers’ and workers’ organizations with respect to occupational safety and health, and requests the Government to provide detailed information on how the collaboration between the authority and the social partners is carried out in practice.

6. Article 8. Exposure limits. The Committee notes that section 6(1) of the General Provisions for Health and Safety at Workplaces Regulation, 2003 (Legal Notice No. 36 of 2003) states that employers shall evaluate risks to occupational health and safety in the working environment. However, it notes that there is no reference to determining exposure limits of air pollution, nor is there any reference to procedures whereby the established criteria and exposure limits are to be regularly supplemented and revised in the light of current national and international knowledge and data. The Committee requests the Government to provide information with its next report on the criteria established to determine the limits of hazards of exposure to air pollution in the working environment, taking into account the opinion of the technically competent person designated by the most representative organizations of employers and workers concerned and on measures taken to ensure that these exposure limits are being revised regularly in the light of current national and international knowledge and the measures taken to ensure that the exposure limits to air pollution is respected, as called for by Article 8 of the Convention.

7. Article 9. Technical measures. The Committee requests the Government to provide information with its next report on the technical measures applied to new plant or processes in design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, as called for by Article 9 of the Convention.

8. Article 11. Medical examination and alternative employment. The Committee notes that section 16 of Legal Notice No. 36 of 2003 provides for employers’ duty to ensure that a worker is entitled to undergo health surveillance at regular intervals and that this is free of cost to the worker concerned (section 8). It notes the Government’s statement that, when there are no statutory requirements, it is up to a competent person appointed by the employer to determine which particular medical examinations are to be conducted and to which workers/groups of workers this shall apply. However, the Committee must recall that the conditions and circumstances whereby such supervision is provided under the Convention is to be determined by the competent authority and that supervision is to include a pre-assignment medical examination and periodical examinations. The Committee requests the Government to indicate who or which body constitutes the competent authority or body. It also asks the Government to indicate particulars of the circumstances determined by the competent authority in which supervision of the health of workers is required in order to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution are provided with pre-assignment and periodical medical examinations.

With respect to finding alternative employment or means of income maintenance through social security for a worker whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable, the Committee notes the Government’s statement that the Occupational Health and Safety Authority does not deal with conditions of employment. The Committee requests the Government to provide information with its next report on how it is ensured that workers whose continued assignment is medically inadvisable either get alternative employment or income maintenance through social security, as called for in Article 11, subparagraph 3, of the Convention.

9. Article 12. Notification to competent authority. The Committee notes the Government’s statement that the Occupational Safety and Health Authority is not notified of the intended use of toxic chemicals or materials and that it does not comment on new plants or processes in the design or installation stages. It also notes that the only exception for notification is control of major hazards installations, work that may expose workers to high asbestos counts, the use of radioactive material and for certain construction sites (when work is scheduled to last longer than 30 working days and in which more than 20 workers are occupied simultaneously, or in which the volume of work is scheduled to exceed 500 person-days). The Committee requests the Government to provide information with its next report on the measures taken or envisaged to ensure that the competent authority is notified of the use of processes, machines or equipment, to be determined by the competent authority, which involve exposure of workers to hazards due to air pollution, as called for by Article 12 of the Convention.

10. Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that, under section 6(3) of Act No. 27 of 2000 and section 12 of Legal Notice No. 36 of 2003, it is the duty of employers to provide information, instruction, training and supervision of workers, in accordance with the Convention. It requests the Government to provide detailed information with its next report on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which, and the frequency at which, they are provided.

11. Article 14. Research. The Committee notes that section 9(2)(k) of Act No. 27 of 2000 states that the Occupational Safety and Health Authority shall promote and carry out scientific research aimed at identifying better methods of preventing occupational ill health, injury or death. It asks the Government to provide information with its next report on any research initiative carried out in relation to hazards in the working environment due to air pollution and their results.

12. Article 16 and Part IV of the report form. Penalties and labour inspection. The Committee notes that section 38 of Act No. 27 of 2000 and section 21 of Legal Notice No. 36 of 2003 ensure that any offence under the legislation may result in a fine or imprisonment. It asks the Government to provide information with its next report as to whether any fine or imprisonment has been imposed and the reasons for doing so.

The Committee notes that sections 15 to 20 of Act No. 27 of 2000 establish labour inspection services ensuring the application of the legislation and asks the Government to provide information with its next report on the labour inspections that have been carried out and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, disaggregated by sex, if available, the number and nature of contraventions reported, etc.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 1 of the Convention. Scope of application. The Committee notes with interest the legislative measures taken to implement European Community legislation, in particular the adoption of the Occupational Health and Safety Authority Act (Chapter 424) (Act No. 27 of 2000), repealing the Occupational Health and Safety (Promotion) Act (Act No. 7 of 1994), the Occupational Health and Safety (Judicial Committee) (Procedure) Regulations, 1995, and sections 56 and 57 of the Factories (Health, Safety and Welfare) Regulations, 1986. It notes that Act No. 27 of 2000 applies to all branches of economic activity, in accordance with Article 1 of the Convention. It notes the Government’s statement that there are no specific regulations issued dealing with air pollution, which is considered as an occupational hazard within the scope of the Act. The Committee also notes with interest the adoption of the General Provisions for Health and Safety at Workplaces Regulation, 2003 (Legal Notice No. 36 of 2003), repealing sections 9, 11, 33, 43, 44, 45, 47, 48, 49, 50, 52, 53, 58, 59 and 60 of the Factories (Health, Safety and Welfare) Regulations, 1986. It notes that Legal Notice No. 36 of 2003 ensures the application of Articles 1, 2, 5, 6, 7, 10, 13, 15 and 16 of the Convention.

3. Article 5. Competent occupational safety and health authority. The Committee notes that section 5 of Act No. 27 of 2000 establishes the Occupational Health and Safety Authority to ensure that the levels of occupational health and safety protection is respected, replacing the tripartite Commission for the Promotion of Occupational Health and Safety.

4. The Committee is raising certain other points in a request addressed directly to the Government.

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

The Committee takes note of the information contained in the Government’s report for the period ending 31 May 2002. The Committee notes the adoption of the Occupational Health and Safety Authority Act 2000 (Act No. XXVII of 2000).

Article 2, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes that in accordance with article 15, paragraph (1), letter (j), the Occupational Health and Safety Officers can require any employer, agent, manufacturer, importer, supplier, user or other person to provide at their expense any document, certificate or list of technical specification in relation to any matter concerning occupational health and safety, the methods of handling or use of any plant, installation, equipment, machinery which is used or oriented to be used at work. These requirements do not seem to cover the case of the transfer in any other manner and exhibition of dangerous machinery. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee notes that the Government’s latest report contains no reply to its previous comments and requests, once again, the Government to indicate the measures that have been taken or are envisaged in order to ensure that all the dangerous parts requiring guards, listed in the Convention, are mentioned in the relevant provisions of the regulations.

Article 6. Noting that the Government’s report contains no reply to its previous comments the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee notes the information concerning the employers’ duties arising out of Act 2000. The Committee requests the Government to supply on the effect given in practice to Act 2000, and in particular the number of offences reported and the sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery.

Article 10. With reference to its previous comments concerning the employer’s duty to inform the employees of the dangers to which they are exposed, as it stipulates in section 49(4) of the Factories (Health, Safety and Welfare), the Committee notes that article 6, paragraph (3), of the Occupational Health and Safety Authority Act 2000 establishes the duty of an employer to provide such information and instruction as is required to ensure occupational safety and health. Under the terms of this Articleof the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

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

The Committee notes the information provided in the Government’s latest report in reply to its previous comments, in particular concerning the adoption of the Occupational Health and Safety (Promotion) Act of 1 March 1994 (Act No. VII of 1994) and the indication that the relevant EUC legislation in the field of safety and health of workers at the workplace shall be introduced into national law in the near future. The Occupational Safety and Health (Promotion) Act appears to cover all branches of economic activity, giving full application of Article 1 of the Convention and repeals the Factory’s Ordinance (Chapter 107) of 1940. The Committee also notes the information concerning the applications of Article 7, paragraph 2.

The Government is requested to provide further information on the following points.

1. Article 2, paragraph 2, of the Convention. The Committee notes the reply to its previous comments that the Maltese Government is currently in the process of implementing EUC legislation, including not only standards on air pollution, but also on the categories of hazards so far excluded, namely noise and vibration, into national law. It notes that the Government intends to complete this process in short term. The Government is requested to keep the Office informed on any developments in this regard and to provide particulars of the position of national law and practice with regard to each of the abovementioned categories of hazards, as well as copies of the new texts as soon as they have been adopted.

2. Article 4, paragraphs 1 and 2. The Committee noted previously that the Factory’s (Health, Safety and Welfare) Regulations of 1986 only provide very general measures for the prevention and control of, and protection against occupational hazards due to air pollution. The Committee notes that the Occupational Health and Safety (Promotion) Act of 1994, in addition, establishes a legal frame to be, for example, complemented by regulations of the competent minister concerning its practical implementation and by codes of practice, formulated and published by the Committee for the Promotion of Occupational Health and Safety (sections 2(1), 4(2) and (3), 6(1) in conjunction with 16 of the Act). No information has been provided in the latest Government’s report on the application of measures adopted in more developed countries and recognized by certain international organizations, which the Government had been referring to. It is therefore requested to indicate - as long as the relevant EUC legislation has not yet been fully implemented - the measures which it has taken to ensure the prevention and control of, and the protection against occupational hazards due to air pollution, including means for practical implementation such as technical standards and codes of practice.

3. Article 5, paragraphs 1, 2 and 3. Further to its previous comments, the Committee notes from the information provided in the latest Government’s report that the tripartite Commission for the Promotion of Occupational Health and Safety was established in 1994 and has been carrying out its functions since then (sections 3-7 of the Occupational Health and Safety (Promotion) Act). It further notes that the Government intends to eventually introduce a law setting up an Occupational Health and Safety Authority. As noted in its previous comments, this Authority shall probably be tripartite and, inter alia, facilitate the cooperation between workers and employers and the workplace. The Government is requested to provide information in its next report on the progress made in this regard and to supply a copy of the Occupational Safety and Health Authority Act once it is adopted.

4. Article 5, paragraph 4. The Committee notes from the information provided in reply to its previous request that the inspectors use the input of workers and their representatives during workplace inspections whenever possible. Please indicate the provisions which ensure that representatives of employers and representatives of workers have the right to accompany inspectors while they carry out their inspections, unless the inspector considers that this may be prejudicial to the performance of his or her duties.

5. Article 6, paragraph 2. The Committee notes that it would be the responsibility of the person giving out work to different employers undertaking activities simultaneously at his workplace to ensure their collaboration in order to comply with the prescribed measures. That may be done by the employer himself or by project supervisors or coordinators appointed by him, according to the generally applicable model code of practice for the building and construction industry in Malta published by the Commission for the Promotion of Occupational Health and Safety in 1997. The Government is requested to indicate particulars of any general procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace not necessarily identical with one of their own workplaces, without prejudice to the responsibility of each of them for the health and safety of his employees.

6. Article 8, paragraphs 1, 2 and 3. The Committee notes the Government’s reply to its previous comments that no criteria for determining the hazards of exposure have been established yet and that the inspectorate uses the Threshold Limit Values published by the American College of Government Industrial Hygienists as guidelines. The Committee further notes the Government’s reference to the intended introduction of the relevant EUC legislation into national law in the near future. The Committee would be grateful if the Government would nonetheless provide the information previously requested regarding an indication on the manner in which the opinion of technically competent persons designated by the most representative organizations of employers and workers is taken into consideration by the competent authority when elaborating criteria and determining exposure limits. It also reiterates its previous request for a description of the procedures by which the criteria and exposure limits to air pollution in the working environment are supplemented and revised at regular intervals in the light of new national and international knowledge and data.

7. Article 9. The Committee notes the information provided by the Government in reply to its previous comments concerning the general duties of the employer to keep the working environment free from all dangers to health and safety according to section 8 of the Occupational Health and Safety (Promotion) Act and to take specific measures according to for example sections 18, 23, 33, 40 and 49 of the Factory’s (Health, Safety and Welfare) Regulations of 1986. Independently on the intended implementation of EUC legislation, the commission again requests the Government to provide particulars on (a) the technical measures to be applied to new plant or processes in design or installation and (b) the technical measures to be added to existing plant or processes or where necessary on any supplementary organizational measures adopted with a view to eliminating from the workplaces any risk resulting from air pollution.

8. Article 11, paragraphs 1 and 2. The Committee notes the indication provided in the Government’s latest report concerning the employer’s duty according to section 49, paragraphs 1 and 2 of the Factory’s Regulations to take all the necessary steps to ensure the health and safety of his employees and to carry out an assessment of the occupational risks which could elucidate the need of a medical examination. The Committee further notes that according to section 48 of the Regulations, any supervision of the health of the worker shall be free of cost to him. The Committee must recall, however, that the conditions and circumstances whereby such supervision is provided is to be determined by the competent authority and that supervision is to include a pre-assignment medical examination and periodical examinations. In its previous comments, the Committee noted that pre-assignment medical examinations according to section 43, paragraph 1, of the Factory’s Regulations appear to be limited to persons principally engaged in occupations with respect to dangerous machinery and that the Sanitary Authority and the superintendent may require medical examinations of other employees according to section 43, paragraphs 7 and 12 of the Regulations. The Government is again requested to indicate particulars of the circumstances determined by the competent authority in which supervision of the health of workers is required in order to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution are provided with pre-assignment and periodical medical examinations. Please also indicate who or which body finally constitutes the competent authority, the Sanitary Authority, the superintendent or the inspectors or which other person or body.

9. Article 11, paragraphs 3 and 4. The Committee notes the information supplied in the Government’s latest report that an employee suspended by the medical practitioner following a medical examination from an occupation listed in the Schedule (section 43, paragraph 5 of the Factory’s Regulations) may be relocated to an alternative post by his employer or sent on paid sick leave until recovery or for a period of up to one year as provided under the Social Security Act. Please indicate the provisions under which a worker is provided with alternative employment or income maintenance through social security in cases where continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable. The Committee would be grateful if the Government would also indicate the provisions which ensure that the rights of workers under social security or social insurance legislation shall not be adversely affected when the period of one year has elapsed. Please also communicate copies of the relevant provisions with the next report.

10. Article 12. The Committee notes the information provided by the Government in its latest report in reply to the Committee’s previous comments that the sale of toxic chemicals or materials is to be authorized by the inspector who may refuse it or impose conditions. It further notes that prior to issuing a trading licence to an employer, the competent police commissioner has to notify various government departments including the inspectorate of the labour department who, following an inspection of the proposed works may impose conditions or object to the issuing of the licence. Further to its previous comments, the Committee requests the Government again to indicate the manner in which the superintendent is notified of the intended use of a toxic chemical or material (section 38 of the Factory’s Regulations) and the measures taken or envisaged to ensure that the competent authority is also notified of the use of processes, machines or equipment, to be determined by the competent authority, which involve exposure of workers to hazards due to air pollution.

11. Article 13. The Committee notes that, according to section 4, paragraph 4, of the Occupational Health and Safety (Promotion) Act, the Commission for the Promotion of Occupational Health and Safety shall take the necessary measures so that all possible information be given at workplaces with regard to matters of occupational health and safety. In addition, section 8, paragraph 1(e) of the Act obliges the employer to inform every worker on the dangers to health and safety at the workplace and on the best methods of prevention. With regard to these provisions as well as to the employers’ information duties established under section 49, paragraphs 3 and 4, of the Factory’s Regulations, the Government is again requested to provide further details on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which and the frequency with which they are provided.

12. Article 15. The Committee notes from the information provided by the Government that, according to section 11 of the Occupational Health and Safety (Promotion) Act, an inspector may give an order to an employer to safeguard occupational health and safety and that according to section 10, paragraph 2(h) of this Act, the inspector may require an employer to provide at his expense an engineer’s certificate regarding the safety of any installation including ventilation equipment, filtering systems and protective enclosures. In its previous comments, the Committee noted that section 40, paragraph 5 of the Factory’s Regulations provided that when considered necessary by the sanitary authority, the employer must test the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used and that these tests must be conducted by trained personnel and, where possible, supervised by qualified personnel who possess experience in occupational health or hygiene. The Government is again requested to indicate the manner in which the abovementioned provisions of the Occupational Health and Safety (Promotion) Act and of the Factory’s Regulations are applied in practice and whether there are any other circumstances determined by the competent authority in which recourse is had to a competent outside person in matters concerning the prevention and control of air pollution.

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

Article 4 of the Convention. The Committee notes section 8(1)(b) of the Act for the Promotion of Occupational Health and Safety, 1994, providing in general terms for the employer's obligation "to ensure that reasonable measures and precautions have been taken so that the work environment in workplaces under his control is reasonably favourable to health and free from avoidable physical or psychological stress". The Committee, however, points out that Article 4 of the Convention calls for the observance of the specific conditions (nature of the work, physiological characteristics, climatic conditions, etc.) regarding the application of the principle set forth in Article 3, according to which no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. The Committee therefore asks the Government to define the specific conditions taken into account in the application of the principle inherent in Article 3.

Article 5. The Committee notes section 8(1)(e) of the Act for the Promotion of Occupational Health and Safety, 1994, as well as section 49(4) of the Factories (Health, Safety and Welfare) Regulations, 1986, which both prescribe the employer's duty to inform every worker about the dangers to health and safety in the workplace, the necessity to use the protective measures indicated and the best methods of prevention. The Committee recalls the provision of Article 5 of the Convention and requests the Government to indicate the manner in which the workers assigned to manual transport of loads other than light loads receive, prior to such assignment, adequate training or instruction in working techniques, with a view to safeguarding health and preventing accidents.

Article 6. The Committee notes the Government's indication to the effect that the employer has the obligation to provide and maintain systems of work that are, so far as reasonably practicable, safe and without risks to health. The Committee requests the Government to supply additional information whether or not suitable technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in conformity with Article 6 of the Convention.

Article 7. The Committee notes the Government's indication according to which it is intended to publish specific guidelines either as codes of practice or in the form of regulations in the near future. The Committee hopes that these guidelines will limit the assignment of women and young workers to manual transport of loads other than light loads, and will also reflect the information contained in the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988) as concerns weight limits for lifting and carrying loads. It requests the Government to supply a copy of these guidelines as soon as they are issued.

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

The Committee notes the information supplied by the Government in its report. It would draw the Government's attention to the following points.

Articles 2 and 3 of the Convention. The Committee notes section 38, paragraph 1, of the Factories (Health, Safety and Welfare) Regulations, 1986, prohibiting the importation or sale of any chemical or toxic material as well as their use in any workplace without prior approval by the Superintendent of Public Health. In granting such approvals, the Superintendent may impose any conditions deemed fit in the interest of public health (section 38, paragraph 2). The Committee further notes the Government's indication to the effect that the abovementioned section represents the legal basis under which the department responsible for occupational health and safety controls the importation of chemicals in the country, including benzene and chemicals containing benzene, and that no benzene was imported in the last three years. However, in the event that the importer would get the licence for importation of such chemicals, he is obliged to seek the approbation by the Department of Labour to sell these chemicals to third parties in Malta. To the Committee's understanding, the approbation depends on the result of the workplace inspection where it is intended to use the chemicals at work. The Committee would therefore ask the Government to define the legal provisions according to which the importer is obliged to seek the Department of Labour's authorization for selling these chemicals to third parties and which provide for the inspection of workplaces where the chemicals are expected to be used.

Article 4. The Committee notes with interest the Government's indication that consideration is being given to publish regulations specifying work processes in which benzene and products containing benzene are prohibited. The Committee hopes that the regulations will be issued in the near future and requests the Government to supply a copy as soon as they become effective.

Article 5. The Committee notes the Government's indication according to which section 8 of Act No. VII for the Promotion of Occupational Safety and Health, 1994, and section 49 of the Factories (Health, Safety and Welfare) Regulations, 1986, both prescribing the employer's general duty to ensure that all reasonable measures and precautions are taken to preserve the workers' health and safety and to render every workplace free from all dangers to health and safety, are considered sufficient with a view to an efficient protection of workers exposed to benzene and products containing benzene. The Committee therefore requests the Government to indicate the concrete measures which have been taken in this connection and to indicate the manner in which it is ensured that such measures are taken in workplaces involving exposure to benzene.

Article 6, paragraph 1. The Committee notes again section 19 of the Factories (Health, Safety and Welfare) Regulations, 1986, aiming at preventing explosion or fire, as well as the provisions found in its section 49(3)(c) (second option) intending to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. It, however, points out that Article 6, paragraph 1, of the Convention calls for specific measures necessary to prevent the escape of benzene into the air of places of employment. The Committee accordingly requests the Government to indicate any provisions made to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene into the air of places of employment.

Article 6, paragraph 2. With reference to its previous comment, the Committee again requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes the Government's declaration that no directives have been issued to employers last year with a view to carry out air monitoring for benzene at the workplace. It requests the Government to indicate whether or not it is aimed to issue such directions for measuring benzene in the air of places of employment, as provided for in Article 6, paragraph 3, of the Convention.

Article 7. The Committee notes the Government's indication to the effect that benzene and its compounds are considered being hazardous substances due to their carcinogenic potential and that even little exposure may cause health effects. In this respect, section 49(3)(c) of the Factories (Health, Safety and Welfare) Regulations, 1986, requires the employer to carry out hazardous processes in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed system. According to section 49(1) of the abovementioned regulations, the employer is obliged to take all practicable steps to ensure the health, safety and welfare at work of all workers. In this regard, the Government indicates that the application of this section would require to make use of the control measures which cause least exposure, depending on the particular workplace scenario and the conditions of the intended use. The Committee requests the Government to explain the control measures used in this respect.

Article 8, paragraph 1. The Committee notes section 49(3)(e) of the Factories (Health, Safety and Welfare) Regulations, 1986, prescribing the provision of such protective clothing and equipment and other means of personal protection to workers as may be necessary to shield them from the effects of harmful agents. The Government indicates that in application of this provision workers must be provided with protective clothing and equipment which include the provision of appropriate clothing, gloves, eye and respiratory protection. The Committee accordingly requests the Government to indicate the directives issued in application of section 49(3)(e) prescribing the provision of the above indicated means of personal protection to protect workers against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. The Committee notes the Government's indication according to which, in application of section 49(3)(e) of the Factories (Health, Safety and Welfare) Regulations, 1986, workers must be provided, inter alia, with appropriate means of respiratory protection. The Committee requests the Government to indicate the practical steps taken in application of section 49 (3)(e) providing for respiratory protection to be used by workers in order to protect them against the risk from inhaling benzene vapour. Furthermore, the Government is requested to indicate the measures taken or envisaged with a view to the limitation of the duration of exposure as much as possible.

Article 9. The Committee notes section 6(1) of the Workplace (Protection of Young Persons) Regulations, 1996, stipulating that all young persons have to undergo a medical examination prior to employment and thereafter at least every 12 months. In this regard, the Committee notes the Government's indication that these medical examinations would include blood tests as recommended by the examining physician. The Committee would ask the Government to indicate the legal provision providing for blood tests in connection with the medical examination of young workers. Furthermore, the Committee points out that Article 9 of the Convention calls for medical examinations as specified in its subparagraphs (a) and (b) for all workers who are to be employed in work processes involving exposure to benzene or products containing benzene. The Committee requests the Government to indicate any measures taken or contemplated to ensure that all workers profit from the medical examinations as provided for in Article 9 of the Convention.

Article 11, paragraph 1. The Committee notes with interest the adoption of the Workplace (Protection of Maternity) Regulations, 1996. According to regulation 4(2), the employer shall not require pregnant women to perform duties for which the assessment has revealed a risk of exposure to the agents listed in the first schedule to these regulations, or when so directed by the director of labour in the interests of health and safety. Point 1(c) of the first schedule to regulation 4(2), defining the chemical agents to which a pregnant women cannot be exposed, provides for a prohibition of exposure to lead and compounds of lead. However, according to point 2 of the First Schedule to regulation 4(2), a pregnant woman cannot be exposed to "any other physical, biological or chemical agent regarded by the director of labour, acting on the advice of the Commission for the Promotion of Occupational Health and Safety, as causing foetal lesions, and/or is likely to disrupt placental attachment, and/or is likely to cause serious disease to a pregnant woman or an unborn child". The Committee therefore asks the Government to indicate whether benzene or products containing benzene are classified by the director of labour as chemical agents to which a pregnant woman must not be exposed.

Article 11, paragraph 2. The Committee notes with interest the Workplace (Protection of Young Persons) Regulations, 1996. Section 3(b) of these Regulations stipulates that young persons shall not be exposed to any chemical, physical or biological agents or to any of the processes listed in the Schedule to these regulations. According to point 1(c)(ii) of the Schedule specifying the agents and processes of work to which young persons cannot be exposed, it is prohibited to expose young persons to "all chemical agents regarded as being carcinogenic, and/or sensitizing through skin contact or by inhalation, and agents which may cause irreversible health effects, serious health effects, heritable genetic damage, damage to an unborn child, and agents which may impair fertility". The Committee would therefore ask the Government to indicate whether benzene or products containing benzene are classified as being part of this category of chemical agents.

Articles 12 and 13. The Committee notes the Government's declaration that it will elaborate in the near future a new legislation on the issues being the subject of Articles 12 and 13 of the Convention with a view to joining the European Union. As a part of this process the Government intends to adopt and transpose the existing EU legislation. The Committee therefore requests the Government to provide information on any progress made in this respect and to supply copies of the new relevant legislation as soon as it is adopted.

Part III of the report form. The Committee notes the Governments indication to the effect that no infringements relating to the use of benzene or products containing benzene have been taken to court in the past two years. The Committee would invite the Government to continue to supply information concerning the practical application of the Convention in the country. To this effect, the attention of the Government is particularly referred to Parts III and IV of the report form for this Convention.

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

The Committee notes with interest that the Occupational Health and Safety (Promotion) Act, 1994, as well as the Occupational Health and Safety Judicial Committee (Procedure) Regulations, 1995, and the Work Place (First Aid) Regulations, 1995, came into effect. It also notes with interest the Government's indication according to which proposals for the issue of new regulations in the field of occupational health and safety are at an advanced stage. The Committee, however, would draw the Government's attention to the following points.

Articles 2 and 3 of the Convention. The Committee notes the Government's indication that in 1984 a system has been established to ensure that no chemical containing benzene is imported, whether intentionally as a part of a chemical formulation or as a contaminant, if the concentration in the end-product exceeds 20 parts per million. The Committee requests the Government to specify the legal basis under which the system has been established. It also requests the Government to indicate the legal provision which stipulates that the concentration of benzene in the end-product shall not exceed 20 parts per million. The Committee recalls that section 39(2)(b) of the Factories (Health, Safety and Welfare) Regulations, 1986, which does not exclusively refer only to the importation of benzene or products containing benzene, stipulates that "benzene, unless authorized by the superintendent, shall be substituted by a less toxic solvent". Therefore, the Committee requests the Government to communicate information on:

(a) any measures taken, in the form of a directive issued by the Sanitary Authority or otherwise, to ensure that not only benzene but also "products containing benzene", i.e. in the definition of Article 1(b) of the Convention, "products the benzene content of which exceeds 1 per cent by volume", are replaced by harmless or less harmful substitute products whenever possible;

(b) any circumstances in which the superintendent has authorized the use of benzene, or of products containing benzene, including any general decisions, directives or guidelines on the matter; in this connection a distinction might be made between processes and techniques coming under the exception in Article 2(2) of the Convention and activities or products to be governed by a temporary derogation under the conditions envisaged in Article 3.

Article 4. The Committee notes that section 38 of the Regulations prohibits the importation of toxic chemicals, unless authorized, and section 39(2)(b) of the Regulations provides that paints, varnishes, mastics, glues, adhesives and inks shall not contain benzene. It notes however that the Regulations do not contain a listing of works processes in which the use of benzene or substances containing benzene is prohibited. In this respect, the Government explains that after the importation of benzene, the Department has to be informed of any subsequent sales to ensure its safe use, since benzene is classified as a Severely Restricted Chemical. Whenever a safe use of any chemical is not ensured, the Department is empowered to withhold such a sale or to make recommendations for their safe use. The Committee requests the Government to specify the Department which has to be informed and to indicate the legal provision which empowers this Department to act in the way described above. The Committee, however, points out that Article 4 of the Convention calls for national laws or regulations to specify the work processes in which the use of benzene and of products containing benzene is prohibited. This prohibition should at least include the use of benzene or products containing benzene as a solvent or diluent, unless the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee accordingly requests the Government to indicate any measures taken or envisaged to give effect to this provision of the Convention.

Article 5. The Committee notes the occupational hygiene and technical measures provided for in Regulations 19, 25, 35 and 41 and the requirements in Regulation 49(3)(c) and (d) aimed at protecting workers against occupational exposure to hazardous processes or preventing personal contact with harmful substances. It requests the Government to indicate any specific provision made to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6, paragraph 1. The Committee notes the requirements in Regulation 19 aimed at preventing explosion or fire, and the provisions of Regulation 49(3)(c) (second option) intended to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. The Committee requests the Government to indicate any provisions made to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment.

Article 6, paragraph 2. The Committee requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or to products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes that under Regulation 40(1), it shall be the duty of the employer to make arrangements when so considered necessary by the Sanitary Authority and to the satisfaction of the said Authority, so that the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used, is tested periodically. The Committee requests the Government to supply information on any directives issued by the Sanitary Authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7, paragraph 1. The Committee notes that under Regulation 49(3)(c), hazardous processes are to be carried out either in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed apparatus. The Committee requests the Government to indicate any provision made under which work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

Article 8, paragraph 1. The Committee notes the provisions in Regulation 49(3)(e) concerning means of personal protection. It requests the Government to indicate any directives issued by the Sanitary Authority on the supply of adequate means of personal protection against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. Referring also to its comments under Article 6, paragraph 2, the Committee requests the Government to indicate any directives issued by the Sanitary Authority on the provision of adequate means of personal protection against the risk of inhaling benzene vapour, and on limiting the duration of exposure, where the concentration of benzene in the air of the workplace exceeds the maximum fixed in conformity with Article 6, paragraph 2.

Article 9. The Committee notes that pursuant to section 43(12) of the Regulations, the Superintendent of Public Health may instruct the employer "to make arrangements for medical examinations of any of his employees at any time". It would however appear that arrangements for medical examinations are only made for workers already under contract. The Committee recalls that Article 9(a) of the Convention also demands pre-employment medical examination which shall include a blood test. Furthermore, it stresses that according to Article 9(b) of the Convention, periodic re-examinations shall include biological tests as well as a blood test. The Committee requests the Government to indicate any measures taken or envisaged to ensure that medical examinations as provided for in Article 9 of the Convention are carried out.

Article 11. The Committee notes with interest the Government's indication according to which draft legislation is being proposed to the Commission for the Promotion of Occupational Health and Safety dealing with the protection of young persons, maternity and nursing mothers. The Committee hopes that the legislation will be adopted in the near future and requests the Government to supply a copy when it is adopted.

Articles 12 and 13. The Committee notes the intention of the Commission for the Promotion of Occupational Health and Safety to formulate and propose new legislation that include an adequate labelling of chemicals. The Commission requests the Government to provide information on progress made in this respect and to supply a copy of the relevant legislation as soon as it is adopted.

Article 14, paragraph 1. In its previous comment, the Committee had noted that a Parliamentary Bill that would replace the Factories Ordinance was pending before Parliament. The Committee requests the Government to indicate whether this Bill has been adopted yet and, if so, it requests the Government to provide a copy of the Bill.

Finally, the Committee would request the Government to supply, in its next report, information concerning the practical application of the Convention in the country. To this effect, the attention of the Government is referred in particular to points III and IV of the report form for this Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 following matters raised in its previous direct request:

1. The Committee noted, from the Government's report of 1992, that a police licence is required to operate any workshop to set up any business office and shop in the country; that a safety officer of the Department of Labour takes the opportunity to visit a future business office or shop and to ensure that the provisions of the factory safety legislation are complied with, including the provision that all machinery is properly guarded and that every precaution is taken by the prospective employer to safeguard the safety of his prospective employees.

The Committee also takes note of the Government intention to revise the factory safety legislation and to reorganize the occupational health and safety services with the object of improving and updating such services in accordance with the present day requirements of industry and that in view of the recommendations of the Committee arrangements are being made with the Safety Unit to include separately contraventions relating to the guarding of machines. The Committee hopes that the revised factory safety legislation would give effect to all provisions of the Convention including those which are mentioned below.

2. The Committee noted that the Government's latest reports contain no concrete information in reply to its questions concerning the application of some of the provisions of the Convention. The Committee would be grateful if the Government would supply in its next report information on the following points:

Article 2, paragraph 2, of the Convention. The Committee has noted that section 6(2) of the Factories (Health, Safety and Welfare) Regulations lays down the sanctions that are applicable to persons who sell or hire machinery which does not respect the safety standards required by the Regulations.

The Committee has noted that no provision prohibits the transfer in any other manner and exhibition of dangerous machinery (Article 2, paragraph 2).

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee has noted that the list of dangerous parts requiring guards is incomplete in relation to the provisions of the Convention (Article 2, paragraph 4).

The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that, in accordance with the Convention, as a minimum, all the parts listed in the Convention are mentioned in the relevant provisions of the Regulations.

Article 6. The Committee has noted that section 7(3) of the Factories (Health, Safety and Welfare) Regulations excludes from the scope of their provisions on the use of dangerous machinery any machinery which has been sold or hired before the coming into force of the Regulations.

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee has noted that no provision in the Factories (Health, Safety and Welfare) Regulations imposes upon the employer the specific obligation to ensure compliance with the provisions relating to the use of dangerous machinery. Nevertheless, the Committee has noted that sections 49 and 61 to 63 of the above Regulations provide, respectively, for the general obligation of the employer to take the necessary measures to ensure the health, safety and welfare at work of all employees and set out the sanctions that are applicable in the event of any contravention.

The Committee requests the Government to supply information on the effect given in practice to sections 49 and 61 of the Factories (Health, Safety and Welfare) Regulations, and in particular on the number of offences reported and the sanctions imposed for contraventions of the employer's obligations relating to the use of dangerous machinery.

Article 10. The Committee has noted that section 49(4) of the Factories (Health, Safety and Welfare) Regulations imposed upon the employer the duty of informing the employees of the dangers to which they are exposed and the precautions to be observed.

Under the terms of Article 10 of the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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 with interest the information supplied by the Government in the first report on the application of the Convention. It requests the Government to include in its next report further information on the measures that have been taken or are contemplated to ensure the full application of the Convention in regard to the following:

Articles 2 and 3 of the Convention. The Committee notes that under Regulation 39(1) of the Factories (Health, Safety and Welfare) Regulations, 1986 (hereinafter: "the Regulations"), "it shall be the duty of the employer in so far as is reasonably practicable or possible, or when so directed by the Sanitary Authority, to substitute a harmful substance, process or technique at a place of work by a less harmful substance, process or technique". Under Regulation 39(2)(b), without prejudice to the generality of paragraph 1 of this Regulation, "benzene, unless authorized by the superintendent, shall be substituted by a less toxic solvent". The Committee requests the Government to supply information on:

(a) any measures taken, in the form of a directive issued by the Sanitary Authority or otherwise, to ensure that not only benzene but also "products containing benzene", i.e. in the definition of Article 1(b) of the Convention, "products the benzene content of which exceeds 1 per cent by volume", are replaced by harmless or less harmful substitute products whenever possible;

(b) any circumstances in which the superintendent has authorized the use of benzene, or of products containing benzene, including any general decisions, directives or guidelines on the matter; in this connection, a distinction might be made between processes and techniques coming under the exception in Article 2(2) of the Convention and activities or products to be governed by a temporary derogation under the conditions envisaged in Article 3.

Article 4. The Committee notes that Regulation 38 prohibits the importation of toxic chemicals, unless authorized, and Regulation 39(2)(c) provides that paints, varnishes, mastics, glues, adhesives and inks shall not contain benzene.

It would however appear that the Regulations do not contain a listing of work processes in which the use of benzene or substances containing benzene shall be prohibited. The Committee requests the Government to indicate any measures taken or envisaged, in conformity with Article 4 of the Convention, to specify, in national laws or regulations, work processes in which the use of benzene and of products containing benzene shall be prohibited; this prohibition should at least include the use of benzene and of products containing benzene as a solvent or diluent, unless the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 5. The Committee notes the occupational hygiene and technical measures provided for in Regulations 19, 25, 35 and 41 and the requirements in Regulation 49(3)(c) and (d) aimed at protecting workers against occupational exposure to hazardous processes or preventing personal contact with harmful substances. It requests the Government to indicate any specific provision made to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6, paragraph 1. The Committee notes the requirements in Regulation 19 aimed at preventing explosion or fire, and the provisions of Regulation 49(3)(c) (second option) intended to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. The Committee requests the Government to indicate any provisions made to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment.

Article 6, paragraph 2. The Committee requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or to products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes that under Regulation 40(1), it shall be the duty of the employer to make arrangements when so considered necessary by the Sanitary Authority and to the satisfaction of the said Authority, so that the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used, is tested periodically. The Committee requests the Government to supply information on any directions issued by the Sanitary Authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7, paragraph 1. The Committee notes that under Regulation 49(3)(c), hazardous processes are to be carried out either in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed apparatus. The Committee requests the Government to indicate any provision made under which work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

Article 8, paragraph 1. The Committee notes the provisions in Regulation 49(3)(e) concerning means of personal protection. It requests the Government to indicate any directions issued by the Sanitary Authority on the supply of adequate means of personal protection against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. Referring also to its comments under Article 6, paragraph 2, the Committee requests the Government to indicate any directions issued by the Sanitary Authority on the provision of adequate means of personal protection against the risk of inhaling benzene vapour, and on limiting the duration of exposure, where the concentration of benzene in the air of the workplace exceeds the maximum fixed in conformity with Article 6, paragraph 2.

Article 9. The Committee notes that under Regulation 43(1)(b), it shall be the duty of the employer to make adequate arrangements to the satisfaction of the superintendent for the medical examination, before commencing employment with him and periodically thereafter, of persons engaged in occupations listed in the Schedule to these Regulations. The Committee notes that the Schedule does not appear to include work processes involving exposure to benzene or to products containing benzene. It requests the Government to indicate any measures taken to extend medical examination and periodic re-examination to workers to be employed in such work processes, and to include biological tests, including a blood test, in the requirements.

Article 11. The Committee notes the prohibition of employment, without the approval of the superintendent, of women and young persons in certain activities specified in Regulation 34, which do not however include work processes involving exposure to benzene or products containing benzene. It requests the Government to indicate any measures taken to prevent the employment in such work processes of women medically certified as pregnant, nursing mothers, and young persons other than undergoing education or training under adequate technical and medical supervision.

Articles 12 and 13. The Committee notes the general labelling and instruction requirements in Regulation 46(b) and requests the Government to indicate any specific measures taken to ensure that the word "benzene" and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene, and that any worker exposed to such substances receives appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning.

Article 14, paragraph 1. The Committee notes the Government's indication that a Parliamentary Bill that would replace the Factories Ordinance is now pending before Parliament. The Committee hopes that in this connection, the Government will be in a position to take such steps as may be necessary to give effect specifically to the provisions of the Convention.

Finally, the Committee would request the Government to supply in its next report information concerning the practical application of the Convention in the country. The attention of the Government is referred in particular to points III and IV of the report form for this Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee takes note of the information supplied by the Government in its latest reports.

1. The Committee notes, from the Government's report of 1992, that a police licence is required to operate any workshop to set up any business office and shop in the country; that a safety officer of the Department of Labour takes the opportunity to visit a future business office or shop and to ensure that the provisions of the factory safety legislation are complied with, including the provision that all machinery is properly guarded and that every precaution is taken by the prospective employer to safeguard the safety of his prospective employees.

The Committee also takes note of the Government intention to revise the factory safety legislation and to reorganize the occupational health and safety services with the object of improving and updating such services in accordance with the present day requirements of industry and that in view of the recommendations of the Committee arrangements are being made with the Safety Unit to include separately contraventions relating to the guarding of machines. The Committee hopes that the revised factory safety legislation would give effect to all provisions of the Convention including those which are mentioned below.

2. The Committee notes that the Government's latest reports contain no concrete information in reply to its questions concerning the application of some of the provisions of the Convention. The Committee would be grateful if the Government would supply in its next report information on the following points:

Article 2, paragraph 2, of the Convention. The Committee has noted that section 6(2) of the Factories (Health, Safety and Welfare) Regulations lays down the sanctions that are applicable to persons who sell or hire machinery which does not respect the safety standards required by the Regulations.

The Committee has noted that no provision prohibits the transfer in any other manner and exhibition of dangerous machinery (Article 2, paragraph 2).

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee has noted that the list of dangerous parts requiring guards is incomplete in relation to the provisions of the Convention (Article 2, paragraph 4).

The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that, in accordance with the Convention, as a minimum, all the parts listed in the Convention are mentioned in the relevant provisions of the Regulations.

Article 6. The Committee has noted that section 7(3) of the Factories (Health, Safety and Welfare) Regulations excludes from the scope of their provisions on the use of dangerous machinery any machinery which has been sold or hired before the coming into force of the Regulations.

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee has noted that no provision in the Factories (Health, Safety and Welfare) Regulations imposes upon the employer the specific obligation to ensure compliance with the provisions relating to the use of dangerous machinery. Nevertheless, the Committee has noted that sections 49 and 61 to 63 of the above Regulations provide, respectively, for the general obligation of the employer to take the necessary measures to ensure the health, safety and welfare at work of all employees and set out the sanctions that are applicable in the event of any contravention.

The Committee requests the Government to supply information on the effect given in practice to sections 49 and 61 of the Factories (Health, Safety and Welfare) Regulations, and in particular on the number of offences reported and the sanctions imposed for contraventions of the employer's obligations relating to the use of dangerous machinery.

Article 10. The Committee has noted that section 49(4) of the Factories (Health, Safety and Welfare) Regulations imposed upon the employer the duty of informing the employees of the dangers to which they are exposed and the precautions to be observed.

Under the terms of Article 10 of the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information supplied by the Government in the first report on the application of the Convention. It requests the Government to include in its next report further information on the measures that have been taken or are contemplated to ensure the full application of the Convention in regard to the following:

Articles 2 and 3 of the Convention. The Committee notes that under Regulation 39(1) of the Factories (Health, Safety and Welfare) Regulations, 1986 (hereinafter: "the Regulations"), "it shall be the duty of the employer in so far as is reasonably practicable or possible, or when so directed by the Sanitary Authority, to substitute a harmful substance, process or technique at a place of work by a less harmful substance, process or technique". Under Regulation 39(2)(b), without prejudice to the generality of paragraph 1 of this Regulation, "benzene, unless authorized by the superintendent, shall be substituted by a less toxic solvent". The Committee requests the Government to supply information on:

(a) any measures taken, in the form of a directive issued by the Sanitary Authority or otherwise, to ensure that not only benzene but also "products containing benzene", i.e. in the definition of Article 1(b) of the Convention, "products the benzene content of which exceeds 1 per cent by volume", are replaced by harmless or less harmful substitute products whenever possible;

(b) any circumstances in which the superintendent has authorized the use of benzene, or of products containing benzene, including any general decisions, directives or guidelines on the matter; in this connection, a distinction might be made between processes and techniques coming under the exception in Article 2(2) of the Convention and activities or products to be governed by a temporary derogation under the conditions envisaged in Article 3.

Article 4. The Committee notes that Regulation 38 prohibits the importation of toxic chemicals, unless authorized, and Regulation 39(2)(c) provides that paints, varnishes, mastics, glues, adhesives and inks shall not contain benzene.

It would however appear that the Regulations do not contain a listing of work processes in which the use of benzene or substances containing benzene shall be prohibited. The Committee requests the Government to indicate any measures taken or envisaged, in conformity with Article 4 of the Convention, to specify, in national laws or regulations, work processes in which the use of benzene and of products containing benzene shall be prohibited; this prohibition should at least include the use of benzene and of products containing benzene as a solvent or diluent, unless the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 5. The Committee notes the occupational hygiene and technical measures provided for in Regulations 19, 25, 35 and 41 and the requirements in Regulation 49(3)(c) and (d) aimed at protecting workers against occupational exposure to hazardous processes or preventing personal contact with harmful substances. It requests the Government to indicate any specific provision made to ensure effective protection of workers exposed to benzene or to products containing benzene.

Article 6, paragraph 1. The Committee notes the requirements in Regulation 19 aimed at preventing explosion or fire, and the provisions of Regulation 49(3)(c) (second option) intended to prevent the escape into the air of the workroom of gases, mists or vapours, in quantities liable to injure health. The Committee requests the Government to indicate any provisions made to ensure that in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment.

Article 6, paragraph 2. The Committee requests the Government to supply information on any provision made under which the employer shall ensure that the concentration of benzene in the air of the places of employment where workers are exposed to benzene or to products containing benzene does not exceed a maximum, to be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80 mg/m3).

Article 6, paragraph 3. The Committee notes that under Regulation 40(1), it shall be the duty of the employer to make arrangements when so considered necessary by the Sanitary Authority and to the satisfaction of the said Authority, so that the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used, is tested periodically. The Committee requests the Government to supply information on any directions issued by the Sanitary Authority on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7, paragraph 1. The Committee notes that under Regulation 49(3)(c), hazardous processes are to be carried out either in separate rooms or buildings occupied by a minimum number of workers who must also be protected against occupational exposure or in an enclosed apparatus. The Committee requests the Government to indicate any provision made under which work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

Article 8, paragraph 1. The Committee notes the provisions in Regulation 49(3)(e) concerning means of personal protection. It requests the Government to indicate any directions issued by the Sanitary Authority on the supply of adequate means of personal protection against the risk of absorbing benzene through the skin.

Article 8, paragraph 2. Referring also to its comments under Article 6, paragraph 2, the Committee requests the Government to indicate any directions issued by the Sanitary Authority on the provision of adequate means of personal protection against the risk of inhaling benzene vapour, and on limiting the duration of exposure, where the concentration of benzene in the air of the workplace exceeds the maximum fixed in conformity with Article 6, paragraph 2.

Article 9. The Committee notes that under Regulation 43(1)(b), it shall be the duty of the employer to make adequate arrangements to the satisfaction of the superintendent for the medical examination, before commencing employment with him and periodically thereafter, of persons engaged in occupations listed in the Schedule to these Regulations. The Committee notes that the Schedule does not appear to include work processes involving exposure to benzene or to products containing benzene. It requests the Government to indicate any measures taken to extend medical examination and periodic re-examination to workers to be employed in such work processes, and to include biological tests, including a blood test, in the requirements.

Article 11. The Committee notes the prohibition of employment, without the approval of the superintendent, of women and young persons in certain activities specified in Regulation 34, which do not however include work processes involving exposure to benzene or products containing benzene. It requests the Government to indicate any measures taken to prevent the employment in such work processes of women medically certified as pregnant, nursing mothers, and young persons other than undergoing education or training under adequate technical and medical supervision.

Articles 12 and 13. The Committee notes the general labelling and instruction requirements in Regulation 46(b) and requests the Government to indicate any specific measures taken to ensure that the word "benzene" and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene, and that any worker exposed to such substances receives appropriate instructions on measures to safeguard health and prevent accidents, as well as on the appropriate action if there is any evidence of poisoning.

Article 14, paragraph 1. The Committee notes the Government's indication that a Parliamentary Bill that would replace the Factories Ordinance is now pending before Parliament. The Committee hopes that in this connection, the Government will be in a position to take such steps as may be necessary to give effect specifically to the provisions of the Convention.

Finally, the Committee would request the Government to supply in its next report information concerning the practical application of the Convention in the country. The attention of the Government is referred in particular to points III and IV of the report form for this Convention.

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

The Committee notes the Government's latest report.

1. The Committee notes, from the Government's report, that a new Bill for the Provision of Occupational Health and Safety has been presented to the Parliament, and that a renewal of the existing regulations will be carried out in the future. The Government is requested to provide a copy of any text applying the Convention as soon as it is adopted.

2. The Committee looks forward to learning from the Government's next report about the measures taken to give effect to the various provisions of the Convention referred to in its 1993 direct request.

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

The Committee notes the information supplied by the Government in its first reports.

It would be grateful if the Government would supply additional information on the following points in its next report:

Article 4 of the Convention. Please specify the conditions (nature of the work, physiological characteristics, climatic conditions, etc.) taken into account in the application of the principle set forth in Article 3 of the Convention, according to which no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety.

Article 5. Please indicate how workers are trained or instructed in working techniques before being assigned to the manual transport of loads other than light loads.

Article 6. Please supply information on the measures taken to encourage the use of suitable technical devices in order to limit or facilitate the manual transport of loads.

Article 7. The Committee notes the information supplied by the Government in its report to the effect that women are only assigned to the manual transport of light loads, which are substantially lighter than the loads which adult males are permitted to transport. According to the same information, young persons aged between 16 and 18 years are not assigned to the manual transport of loads which are too heavy for them. Please indicate the provisions contained in the national legislation which restrict the assignment of women and young workers to the manual transport of loads other than light loads.

Please indicate the maximum weight of loads permitted to be transported by women and young workers.

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

The Committee notes the indication in the Government's latest report that a Bill to promote Occupational Health and Safety has been presented to the House of Representatives and should soon become law. It requests the Government to provide a copy of the text as soon as it is adopted and hopes that the Bill will take into account the Committee's previous comments which read as follows:

1. Article 1, paragraph 1, of the Convention. The Committee noted the Government's indication in its first report that The Factories Ordinance (Chapter 107) of 1940 covered the widest possible branches of all economic and industrial activity. It further noted, however, that the definition of "factory" in the Ordinance covered premises wherein "persons are employed in manual labour in any process for or incidental to any of the following purposes, namely: (a) the making of any article or part of any article, or (b) the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition of any article, or (c) the adapting for sale of any article". The Government is, therefore, requested to indicate the measures taken to ensure that all branches of economic activity are covered by the provisions of the Convention.

2. Article 2, paragraph 2. The Committee noted that the Government had accepted the obligations of the Convention in respect of air pollution only. It further noted the Government's indication in its first report that while the Regulations did not provide for measures to be taken in respect of noise and vibration, these other risk areas would be considered in the future. The Government is requested to provide information in future reports on the position of law and practice in respect of noise and vibration and on the extent to which effect has been given or is proposed to be given to the Convention in respect of these categories.

3. Article 4, paragraphs 1 and 2. The Committee noted that the Factories (Health, Safety and Welfare) Regulations of 1986 provide only very general measures for the prevention and control of, and protection against, occupational hazards due to air pollution. It further noted the Government's indication in its first report that, in view of the limited resources for research in Malta, the measures for the prevention against and control of occupational hazards, were those which had been adopted in more developed countries and recognized by certain international organizations, such as the WHO. The Government is requested to indicate the measures which it is referring to and any other measures which it has taken or envisaged to ensure the prevention and control of, and protection against, occupational hazards due to air pollution, including means for the practical implementation such as technical standards and codes of practice.

4. Article 5, paragraphs 1, 2 and 3. In its previous comments, the Committee noted the Government's indication that a tripartite working committee to make concrete proposals on the occupationl safety and health measures which needed to be taken had been created. According to the Government, this Working Committee submitted a Bill concerning the establishment of a tripartite Occupational Safety and Health Authority whose function is to, inter alia, facilitate cooperation between workers and employers at the enterprise. The Government is requested to provide information in its next report on the progress made in this regard and to provide a copy of the Occupational Safety and Health Authority Act once it is adopted.

5. Article 5, paragraph 4. The Government is requested to indicate the measures taken or envisaged to ensure that representatives of employers and representatives of workers have the right to accompany inspectors while they carry out their inspections, unless the inspector considers that this may be prejudicial to the performance of his or her duties.

6. Article 6, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that collaboration, as concerns compliance with measures for the protection of and protection against occupational hazards due to air pollution, takes place among employers undertaking activities simultaneously at the same workplace.

7. Article 7, paragraph 2. The Committee noted the Government's indication in its first report that the establishment of an Occupational Safety and Health Authority would enable the authorities concerned to receive and consider proposals, suggestions and complaints from the appropriate representative bodies. The Government is requested to provide further information on the bodies to which the worker may appeal so as to ensure protection against occupational hazards due to air pollution.

8. Article 8, paragraphs 1, 2 and 3. The Committee noted that the Regulation 40 of the Factories Regulations and Regulation 23(2) of the Building (Safety) Regulations, 1968 provided that the employer should test the working environment in which potentially dangerous or obnoxious substances were manufactured, handled or used in order to ensure that the air was fit to breathe. It noted, however, that no criteria had been established in this regard. The Government is requested to indicate the measures taken or envisaged to establish criteria for determining the hazards of exposure to air pollution and to indicate whether any exposure limits have been set or are envisaged. Furthermore, the Government is requested to indicate the manner in which the opinion of a technically competent person designated by the most representative organizations of employers and workers concerned is taken into account when elaborating criteria and determining exposure limits. The Government is requested to indicate the measures taken or envisaged to ensure that the criteria and exposure limits are established, supplemented and revised regularly, in the light of current national and international knowledge and data.

9. Article 9. The Committee noted that Regulation 23 of the Building Regulations called for specific measures to be taken with internal combustion engines so as to ensure fresh air and Regulations 18, 23, 33 and 49 of the Factories Regulation provided for specific measures to be taken concerning ventilation and particular types of machinery. The Government is requested to provide further information on detailed technical measures to be applied to new plant or processes at the design or installation stage to be added to existing plant or processes and where necessary any supplementary organizational measures which are prescribed with a view to keeping the working environment free from hazards due to air pollution.

10.(a) Article 11, paragraphs 1 and 2. The Committee noted that Regulation 43 of the Factories Regulations provided that employers must ensure pre-assignment medical examinations for persons engaged in occupations listed in its Schedule which seems to concern mostly occupations with respect to dangerous machinery. It further noted that the Sanitary Authority may, under Regulation 43(7) (and the Superintendent by virtue of Regulation 43(12)) require medical examinations of other employees. The Government is requested to indicate the measures taken to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution are provided with pre-assignment and periodic medical examinations and that these examinations are provided free of cost to all workers concerned.

(b) Article 11, paragraphs 3 and 4. The Committee noted that Regulation 43(5) provided that the medical practitioner may suspend an employee from being engaged in work in the occupationss listed in the Schedule. The Government is requested to indicate the measures taken or envisaged to ensure that alternative employment or income maintenance through social security is ensured to workers whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable and to indicate whether workers' rights under social security or social insurance are adversely affected in this regard.

11. Article 12. The Committee noted that Regulation 38 of the Factories Regulations provided that no person may import or sell and no employer may use or suffer to be used any chemical or material which is toxic without the approval of the Superintendent. The Government is requested to indicate the manner in which such intended use is notified to the Superintendent and the measures taken or envisaged to ensure that the competent authority is also notified of the use of processes, machinery and equipment, to be determined by the competent authority, which involve exposure of workers to occupational hazards due to air pollution.

12. Article 13. The Committee noted that Regulation 49(3) of the Factories Regulations called upon employers to provide information, instruction, training and supervision as concerns occupational safety and health generally and Regulation 49(4) ensured that employees were informed of the occupational health hazards of their respective occupations, of the necessary measures of protection and of the proper use of protective clothing and equipment. The Government is requested to provide further details on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which and the frequency with which they are provided.

13. Article 15. The Committee noted that Regulation 40(5) of the Factories Regulations provided that, when considered necesary by the Sanitary Authority, the employer must test the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used and that these tests must be conducted by trained personnel and, where possible, supervised by qualified personnel who possess experience in occupational health or hygiene. The Government is requested to indicate the manner in which this Regulation is applied in practice and whether there are any other circumstances determined by the competent authority in which recourse shall be had to a competent outside person in matters concerning the prevention and control of air pollution.

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

The Committee notes with interest the Government's first and second reports and the attached legislation.

1. The Committee requests the Government to supply additional information in its next report on the provisions of the national law and regulations and on the measures taken in practice to give effect to the following provisions of the Convention:

Article 3(a). The requirement for the employer to bring to the notice of all persons concerned the laws or regulations ensuring the application of the General Rules set forth in Parts II to IV of the Convention.

Article 7, paragraph 4. The construction of scaffolds in such a way that no part thereof can be displaced.

Article 7, paragraph 5. The prohibition of the overloading of scaffolds and the even distribution of the load as far as practicable.

Article 7, paragraph 6. Precautions to ensure the strength and stability of the scaffolds before installing lifting gear.

Article 7, paragraph 7. The periodic inspection of scaffolds by a competent person.

Article 7, paragraph 8. The requirement for the employer to ensure, before allowing a scaffold to be used by his workmen, that it complies fully with the requirements of this Article of the Convention.

Article 8, paragraph 1. The rigidity and practicability of platforms, gangways and stairways.

Article 8, paragraph 2(a). Measures to ensure the safety of work when using platforms or gangways, and that they are closely boarded.

Article 10, paragraph 2. The secure fixing of every ladder and its sufficient length.

Article 10, paragraph 5. The prohibition of stacking or placing materials on site in such a way as to cause danger to any person.

Article 13, paragraph 1. The necessary qualifications for crane drivers.

Article 15, paragraph 3. Precautions to reduce the risk of any part of a suspended load becoming accidentally displaced.

Article 17. The provision of the necessary equipment and the adoption of the necessary steps for the prompt rescue of any person in danger when work is carried out in proximity to any place where there is a risk of drowning.

2. Article 6. The Committee notes the statistics supplied by the Government in its report on the total number of accidents in the construction industry over the past nine years. The Committee requests the Government to include in its next report information on the classification of the accidents which have occurred and on the number of persons occupied in the construction industry and covered by the statistics.

3. The Committee notes that the many provisions of sections 10 and 11 of the Building (Safety) Regulations, 1968, lay down the width of the various types of platforms used at the work site, as well as the appropriate devices (guard, rails, toe-boards and barriers) to suitably fence them. These give partial effect to the provisions of paragraph 2(b) and (c) of Article 8 of the Convention. The Committee requests the Government to indicate the provisions which determine the adequate width of gangways (paragraph 2(b)) and the measures which have been adopted to ensure that every working platform, working place and stairway shall be suitably fenced (paragraph 2(c)).

4. The Committee notes that the Government refers, in its first report, to section 11 of the Factories (Health, Safety and Welfare) Regulations as giving effect to Article 13, paragraph 2 of the Convention. It notes that section 11 referred to above by the Government only applies to the machinery listed in the schedule attached to the regulations. This machinery does not include cranes or hoisting machines. The Committee requests the Government to indicate in its report the provision of national law or regulations which applies Article 13, paragraph 2, of the Convention.

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

The Committee notes the indication in the Government's latest report that consideration is being given to replacing the existing Factories Ordinance. It hopes that the Government will take into account, in the revision of its legislation, the Committee's previous comments which read as follows:

1. Article 1, paragraph 1, of the Convention. The Committee notes the Government's indication in its report that the The Factories Ordinance (Chapter 107) of 1940 covers the widest possible branches of all economic and industrial activity. It further notes, however, that the definition of "factory" in the Ordinance covers premises wherein "persons are employed in manual labour in any process for or incidental to any of the following purposes, namely: (a) the making of any article or part of any article, or (b) the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition of any article, or (c) the adapting for sale of any article". The Government is, therefore, requested to indicate the measures taken to ensure that all branches of economic activity are covered by the provisions of the Convention.

2. Article 2, paragraph 2. The Committee notes that the Government has accepted the obligations of the Convention in respect of air pollution only. It further notes the Government's indication in its report that while the Regulations do not provide for measures to be taken in respect of noise and vibration, these other risk areas will be considered in the future. The Government is requested to provide information in future reports on the position of law and practice in respect of noise and vibration and on the extent to which effect has been given or is proposed to be given to the Convention in respect of these categories.

3. Article 4, paragraphs 1 and 2. The Committee notes that the Factories (Health, Safety and Welfare) Regulations of 1986 provide only very general measures for the prevention and control of, and protection against, occupational hazards due to air pollution. It further notes the Government's indication that, in view of the limited resources for research in Malta, the measures for the prevention against and control of occupational hazards, are those which have been adopted in more developed countries and recognized by certain international organizations, such as the WHO. The Government is requested to indicate the measures which it is referring to and any other measures which it has taken or envisaged to ensure the prevention and control of, and protection against, occupational hazards due to air pollution, including means for the practical implementation such as technical standards and codes of practice.

4. Article 5, paragraphs 1, 2 and 3. The Committee notes the Government's indication that a tripartite working committee to make concrete proposals on the occupational safety and health measures which need to be taken has been created. According to the Government, this Working Committee submitted a Bill concerning the establishment of a tripartite Occupational Safety and Health Authority whose function is to, inter alia, facilitate cooperation between workers and employers at the enterprise. The Government is requested to provide information in its next report on the progress made in this regard and to provide a copy of the Occupational Safety and Health Authority Act once it is adopted.

5. Article 5, paragraph 4. The Government is requested to indicate the measures taken or envisaged to ensure that representatives of employers and representatives of workers have the right to accompany inspectors while they carry out their inspections, unless the inspector considers that this may be prejudicial to the performance of his or her duties.

6. Article 6, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that collaboration, as concerns compliance with measures for the protection of and protection against occupational hazards due to air pollution, takes place among employers undertaking activities simultaneously at the same workplace.

7. Article 7, paragraph 2. The Committee notes the Government's indication that the establishment of an Occupational Safety and Health Authority will enable the authorities concerned to receive and consider proposals, suggestions and complaints from the appropriate representative bodies. The Government is requested to provide further information on the bodies to which the worker may appeal so as to ensure protection against occupational hazards due to air pollution.

8. Article 8, paragraphs 1, 2 and 3. The Committee notes that Regulation 40 of the Factories Regulations and Regulation 23(2) of the Building (Safety) Regulations, 1968 provide that the employer shall test the working environment in which potentially dangerous or obnoxious substances are manufactured, handled or used in order to ensure that the air is fit to breathe. It notes, however, that no criteria have been established in this regard. The Government is requested to indicate the measures taken or envisaged to establish criteria for determining the hazards of exposure to air pollution and to indicate whether any exposure limits have been set or are envisaged. Furthermore, the Government is requested to indicate the manner in which the opinion of a technically competent person designated by the most representative organizations of employers and workers concerned is taken into account when elaborating criteria and determinating exposure limits. The Government is requested to indicate the measures taken or envisaged to ensure that the criteria and exposure limits are established, supplemented and revised regularly, in the light of current national and international knowledge and data.

9. Article 9. The Committee notes that Regulation 23 of the Building Regulations calls for specific measures to be taken with internal combustion engines so as to ensure fresh air and Regulations 18, 23, 33 and 49 of the Factories Regulation provide for specific measures to be taken concerning ventilation and particular types of machinery. The Government is requested to provide further information on detailed technical measures to be applied to new plant or processes at the design or installation stage to be added to existing plant or processes and where necessary any supplementary organizational measures which are prescribed with a view to keeping the working environment free from hazards due to air pollution.

10. (a) Article 11, paragraphs 1 and 2. The Committee notes that Regulation 43 of the Factories Regulations provides that employers must ensure pre-assignment medical examinations for persons engaged in occupations listed in its Schedule which seems to concern mostly occupations with respect to dangerous machinery. It further notes that the Sanitary Authority may, under Regulation 43(7) (and the Superintendent by virtue of Regulation 43(12)) require medical examinations of other employees. The Government is requested to indicate the measures taken to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution are provided with pre-assignment and periodic medical examinations and that these examinations are provided free of cost to all workers concerned.

(b) Article 11, paragraphs 3 and 4. The Committee notes that Regulation 43(5) provides that the medical practitioner may suspend an employee from being engaged in work in the occupations listed in the Schedule. The Government is requested to indicate the measures taken or envisaged to ensure that alternative employment or income maintenance through social security is ensured to workers whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable and to indicate whether workers' rights under social security or social insurance are adversely affected in this regard.

11. Article 12. The Committee notes that Regulation 38 of the Factories Regulations provides that no person may import or sell and no employer may use or suffer to be used any chemical or material which is toxic without the approval of the Superintendent. The Government is requested to indicate the manner in which such intended use is notified to the Superintendent and the measures taken or envisaged to ensure that the competent authority is also notified of the use of processes, machinery and equipment, to be determined by the competent authority, which involve exposure of workers to occupational hazards due to air pollution.

12. Article 13. The Committee notes that Regulation 49(3) of the Factories Regulations calls upon employers to provide information, instruction, training and supervision as concerns occupational safety and health generally and Regulation 49(4) ensures that employees are informed of the occupational health hazards of their respective occupations, of the necessary measures of protection and of the proper use of protective clothing and equipment. The Government is requested to provide further details on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which and the frequency with which they are provided.

13. Article 15. The Committee notes that Regulation 40(5) of the Factories Regulations provides that, when considered necessary by the Sanitary Authority, the employer shall test the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used and that these tests shall be conducted by trained personnel and, where possible, supervised by qualified personnel who possess experience in occupational health or hygiene. The Government is requested to indicate the manner in which this Regulation is applied in practice and whether there are any other circumstances determined by the competent authority in which recourse shall be had to a competent outside person in matters concerning the prevention and control of air pollution.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2, paragraph 2, of the Convention. The Committee notes that section 6(2) of the Factories (Health, Safety and Welfare) Regulations lays down the sanctions that are applicable to persons who sell or hire machinery which does not respect the safety standards required by the Regulations.

The Committee notes that no provision prohibits the transfer in any other manner and exibition of dangerous machinery (Article 2, paragraph 2).

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee notes that the list of dangerous parts requiring guards is incomplete in relation to the provisions of the Convention (Article 2, paragraph 4).

The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that, in accordance with the Convention, as a minimum, all the parts listed in the Convention are mentioned in the relevant provisions of the Regulations.

Article 6. The Committee notes that section 7(3) of the Factories (Health, Safety and Welfare) Regulations excludes from the scope of their provisions on the use of dangerous machinery any machinery which has been sold or hired before the coming into force of the Regulations.

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee notes that no provision in the Factories (Health, Safety and Welfare) Regulations imposes upon the employer the specific obligation to ensure compliance with the provisions relating to the use of dangerous machinery. Nevertheless, the Committee notes that sections 49 and 61 to 63 of the above Regulations provide, respectively, for the general obligation of the employer to take the necessary measures to ensure the health, safety and welfare at work of all employees and set out the sanctions that are applicable in the event of any contravention.

The Committee requests the Government to supply information on the effect given in practice to sections 49 and 61 of the Factories (Health, Safety and Welfare) Regulations, and in particular on the number of offences reported and the sanctions imposed for contraventions of the employer's obligations relating to the use of dangerous machinery.

Article 10. The Committee notes that section 49(4) of the Factories (Health, Safety and Welfare) Regulations impose upon the employer the duty of informing the employees of the dangers to which they are exposed and the precautions to be observed.

Under the terms of Article 10 of the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided by the Government in its first report. It requests the Government to provide further information in its next report on the following points:

1. Article 1, paragraph 1, of the Convention. The Committee notes the Government's indication in its report that the The Factories Ordinance (Chapter 107) of 1940 covers the widest possible branches of all economic and industrial activity. It further notes, however, that the definition of "factory" in the Ordinance covers premises wherein "persons are employed in manual labour in any process for or incidental to any of the following purposes, namely: (a) the making of any article or part of any article, or (b) the altering, repairing, ornamenting, finishing, cleaning or washing, or the breaking up or demolition of any article, or (c) the adapting for sale of any article". The Government is, therefore, requested to indicate the measures taken to ensure that all branches of economic activity are covered by the provisions of the Convention.

2. Article 2, paragraph 2. The Committee notes that the Government has accepted the obligations of the Convention in respect of air pollution only. It further notes the Government's indication in its report that while the Regulations do not provide for measures to be taken in respect of noise and vibration, these other risk areas will be considered in the future. The Government is requested to provide information in future reports on the position of law and practice in respect of noise and vibration and on the extent to which effect has been given or is proposed to be given to the Convention in respect of these categories.

3. Article 4, paragraphs 1 and 2. The Committee notes that the Factories (Health, Safety and Welfare) Regulations of 1986 provide only very general measures for the prevention and control of, and protection against, occupational hazards due to air pollution. It further notes the Government's indication that, in view of the limited resources for research in Malta, the measures for the prevention against and control of occupational hazards, are those which have been adopted in more developed countries and recognized by certain international organisations, such as the WHO. The Government is requested to indicate the measures which it is referring to and any other measures which it has taken or envisaged to ensure the prevention and control of, and protection against, occupational hazards due to air pollution, including means for the practical implementation such as technical standards and codes of practice.

4. Article 5, paragraphs 1, 2 and 3. The Committee notes the Government's indication that a tripartite working committee to make concrete proposals on the occupational safety and health measures which need to be taken has been created. According to the Government, this Working Committee submitted a Bill concerning the establishment of a tripartite Occupational Safety and Health Authority whose function is to, inter alia, facilitate cooperation between workers and employers at the enterprise. The Government is requested to provide information in its next report on the progress made in this regard and to provide a copy of the Occupational Safety and Health Authority Act once it is adopted.

5. Article 5, paragraph 4. The Government is requested to indicate the measures taken or envisaged to ensure that representatives of employers and representatives of workers have the right to accompany inspectors while they carry out their inspections, unless the inspector considers that this may be prejudicial to the performance of his or her duties.

6. Article 6, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that collaboration, as concerns compliance with measures for the protection of and protection against occupational hazards due to air pollution, takes place among employers undertaking activities simultaneously at the same workplace.

7. Article 7, paragraph 2. The Committee notes the Government's indication that the establishment of an Occupational Safety and Health Authority will enable the authorities concerned to receive and consider proposals, suggestions and complaints from the appropriate representative bodies. The Government is requested to provide further information on the bodies to which the worker may appeal so as to ensure protection against occupational hazards due to air pollution.

8. Article 8, paragraphs 1, 2 and 3. The Committee notes that Regulation 40 of the Factories Regulations and Regulation 23(2) of the Building (Safety) Regulations, 1968 provide that the employer shall test the working environment in which potentially dangerous or obnoxious substances are manufactured, handled or used in order to ensure that the air is fit to breathe. It notes, however, that no criteria have been established in this regard. The Government is requested to indicate the measures taken or envisaged to establish criteria for determining the hazards of exposure to air pollution and to indicate whether any exposure limits have been set or are envisaged. Furthermore, the Government is requested to indicate the manner in which the opinion of a technically competent person designated by the most representative organisations of employers and workers concerned is taken into account when elaborating criteria and determinating exposure limits. The Government is requested to indicate the measures taken or envisaged to ensure that the criteria and exposure limits are established, supplemented and revised regularly, in the light of current national and international knowledge and data.

9. Article 9. The Committee notes that Regulation 23 of the Building Regulations calls for specific measures to be taken with internal combustion engines so as to ensure fresh air and Regulations 18, 23, 33 and 49 of the Factories Regulation provide for specific measures to be taken concerning ventilation and particular types of machinery. The Government is requested to provide further information on detailed technical measures to be applied to new plant or processes at the design or installation stage to be added to existing plant or processes and where necessary any supplementary organisational measures which are prescribed with a view to keeping the working environment free from hazards due to air pollution.

10. (a) Article 11, paragraphs 1 and 2. The Committee notes that Regulation 43 of the Factories Regulations provides that employers must ensure pre-assignment medical examinations for persons engaged in occupations listed in its Schedule which seems to concern mostly occupations with respect to dangerous machinery. It further notes that the Sanitary Authority may, under Regulation 43(7) (and the Superintendent by virtue of Regulation 43(12)) require medical examinations of other employees. The Government is requested to indicate the measures taken to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution are provided with pre-assignment and periodic medical examinations and that these examinations are provided free of cost to all workers concerned.

(b) Article 11, paragraphs 3 and 4. The Committee notes that Regulation 43(5) provides that the medical practitioner may suspend an employee from being engaged in work in the occupations listed in the Schedule. The Government is requested to indicate the measures taken or envisaged to ensure that alternative employment or income maintenance through social security is ensured to workers whose continued assignment to work involving exposure to occupational hazards due to air pollution is medically inadvisable and to indicate whether workers' rights under social security or social insurance are adversely affected in this regard.

11. Article 12 The Committee notes that Regulation 38 of the Factories Regulations provides that no person may import or sell and no employer may use or suffer to be used any chemical or material which is toxic without the approval of the Superintendent. The Government is requested to indicate the manner in which such intended use is notified to the Superintendent and the measures taken or envisaged to ensure that the competent authority is also notified of the use of processes, machinery and equipment, to be determined by the competent authority, which involve exposure of workers to occupational hazards due to air pollution.

12. Article 13 The Committee notes that Regulation 49(3) of the Factories Regulations calls upon employers to provide information, instruction, training and supervision as concerns occupational safety and health generally and Regulation 49(4) ensures that employees are informed of the occupational health hazards of their respective occupations, of the necessary measures of protection and of the proper use of protective clothing and equipment. The Government is requested to provide further details on the type of information and instruction provided with regard to occupational hazards due to air pollution and the manner in which and the frequency with which they are provided.

13. Article 15 The Committee notes that Regulation 40(5) of the Factories Regulations provides that, when considered necessary by the Sanitary Authority, the employer shall test the atmosphere of workrooms in which potentially dangerous or obnoxious substances are manufactured, handled or used and that these tests shall be conducted by trained personnel and, where possible, supervised by qualified personnel who possess experience in occupational health or hygiene. The Government is requested to indicate the manner in which this Regulation is applied in practice and whether there are any other circumstances determined by the competent authority in which recourse shall be had to a competent outside person in matters concerning the prevention and control of air pollution.