Direct Request (CEACR) - adopted 2025, published 113rd ILC session (2025)

The Committee notes that the Government’s report on the application of Convention No. 187 has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 115, 120, 127 and 187. The Committee notes the detailed information contained in the report of the New Caledonia Compensation Fund for family allowances, occupational accidents and worker protection (CAFAT). This report shows that there were 3,576 occupational accidents in 2019, 3,257 in 2020 and 2,954 in 2021. It also shows that there were 176 commuting accidents with absence from work in 2019, 145 in 2020 and 148 in 2021, and that 80 diseases were recognized as occupational in 2019, 64 in 2020 and 54 in 2021. The Committee notes that CAFAT applies “malus” points (increases, through the application of a safety index, to the rate of contributions for occupational accidents and diseases) to enterprises that regularly fail to observe the principles of occupational risk prevention, and that in 2021 the enhanced monitoring, which was set up for two enterprises to prevent “malus” points from being applied to them, produced rather conclusive results. The Committee also notes that, conversely, CAFAT may apply a lower rate of contribution when the employer has taken special safety and prevention measures. With regard to Convention No. 127, the Committee takes due note of the various initiatives taken by CAFAT, the Directorate of Labour and Employment (DTE), the Labour Inspectorate and the Technical Advisory Committee (CTC) on the prevention of risks associated with the manual transport of loads. The Committee notes, however, that in 2021, of the 54 diseases recognized as occupational, 53 were due to articular diseases (almost half of which concerned people working in commerce, offices, or the public or semi-public services) and the last one was linked to chronic lower back pain due to the manual carrying of heavy loads. With regard to occupational accidents, “manual transport or handling”, which remains the biggest cause of occupational accidents, 851 occupational accidents were accounted in 2020. The Committee requests the Government to continue to provide information on the application in practice of the ratified OSH Conventions, including on the number of occupational accidents and cases of occupational disease, particularly in terms of the manual transport of loads, and particularly in commerce and offices.

Legislation. Noting that the DTE has undertaken to fill the gaps in OSH regulations by drawing up a codification (particularly in the areas of protection against risks related to the inhalation of asbestos, hyperbaric activities, risks related to electricity and night work) and to update the applicable OSH texts, the Committee requests the Government to provide information on any progress achieved towards the adoption of new texts in the above areas, the updating of Decision No. 34/CP of 23 February 1989 of Congress on general safety and health measures, and the amendment to be made to Order No. 2009-4271/GNC of 22 September 2009 on the minimum safety and health requirements relating to the manual handling of loads involving risks, particularly relating to lower back pain, to workers.

A. General provisions

OSH and its promotional framework (Convention No. 187)

Objective

Article 2(2) of the Convention. Account taken of the principles set out in the relevant instruments of the ILO. Further to its previous comment, the Committee notes that the OSH system is consistent with each of the Conventions listed in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), and that the Government has identified the measures taken or envisaged in order to give effect to these Conventions, whether or not they have been ratified by France or declared applicable to New Caledonia. The Committee notes the information provided, which responds to the previous request for information.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. In response to the Committee’s previous comment, the Government indicates that it has not received any draft text to ensure applicability of the Occupational Cancer Convention, 1974 (No. 139) and the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) to New Caledonia. The Committee requests the Government to continue to provide information on the periodic examination of the measures that could be taken to ensure applicability of the relevant OSH Conventions of the ILO to New Caledonia, in particular Conventions Nos 139 and 148, but also the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) and the Safety and Health in Agriculture Convention, 2001 (No. 184), which have also been ratified by France.

National policy

Article 3(1) and (3). Periodic examination of the national policy. Consultation with the social partners. The Committee notes that, according to the information provided by the Government in response to its previous request, consultation with and participation of the social partners in OSH matters is carried out within the Social Dialogue Council (CDS). The Committee also notes that the CDS is informed of the main areas of the Government’s activity and the reforms that it proposes in various fields such as labour, employment and worker protection, at the annual social conference; that the Government and the CDS inform each other of the progress of the work at quarterly conferences, and that they set out a shared social agenda, which is reviewed on a quarterly basis. The aim of the agenda is, in particular, to enable discussion and ensure follow-up to the work undertaken or planned by the Government. The Committee notes the information provided, which responds to the previous request for information.

Article 3(2). Promotion and advancement, at all levels, of the right of workers to a safe and healthy working environment. In response to the Committee’s previous comment, the Government indicates that the DTE is responsible for, inter alia, the prevention of occupational risks and the improvement of working conditions, and that to this end it relies not only on the institutional bodies – CAFAT, the Occupational Inter-enterprise Medical Service (SMIT) and the Chambers of Commerce (the Chamber of Trade and Crafts, Chamber of Trade and Industry and Chamber of Agriculture) – but also the social partners. The Committee welcomes the fact that Territorial Act No. 2021-4 of 12 May 2021 relating to the New Caledonian public service has created a joint technical committee for each public employer, which is consulted on issues relating particularly to occupational safety and health, and working conditions. In addition, the Committee welcomes the creation, on 1 January 2021, of the Occupational Health and Prevention Service of the Human Resources and Public Service Department of New Caledonia. Lastly, the Committee notes the regular running of the Fair for social dialogue, risk prevention and vocational training and of the Forum for the prevention of occupational risks. The Committee notes the information provided, which responds to the previous request for information.

National system

Article 4(3)(c). OSH training. Further to its previous comment, the Committee notes that 32 people have received three-year accreditation to provide first-aid training in the workplace, and nine have been given five-year accreditation to carry out coordination tasks in the field of safety and health protection in the building industry. In addition, the Committee notes the information provided on the free training organized by the DTE and CAFAT on occupational health and safety issues, the training offered by the Institute of Social Relations to employers’ and workers’ representatives, as well as the assistance and training provided by the Chambers of Commerce in OSH matters. The Committee notes the information provided, which responds to the previous request for information.

Article 4(3)(d). Occupational health services. In response to the Committee’s previous comment, the Government indicates that the discussions started with the social and institutional partners on the need to reform the occupational health system resulted in the adoption of Territorial Act No. 2020-7 of 15 May 2020, which replaced Chapter III (on occupational health services) of Title VI (on OSH) of the Labour Code, and Decision No. 37/CP of 24 June 2020 on the reform of occupational health services. According to the Government, the above-mentioned Act has overhauled the legal framework for the occupational health system, with the aim of enabling it to meet the reasonable expectations of enterprise stakeholders; and one of the main innovations was the establishment of either medical follow-up adapted to the worker’s situation, or more thorough follow-up in line with the worker’s exposure to certain risks. The Committee notes this information, which responds to its previous request.

Article 4(3)(g). Provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. In response to the Committee’s previous comment, the Government indicates that the DTE and CAFAT work in close collaboration to raise the awareness of enterprises and involve them in OSH matters, which results in the organization of occupational risk prevention forums and the publication of manuals. The Committee notes this information, which responds to its previous request.

Article 4(3)(h). Support mechanisms for microenterprises, small and medium-sized enterprises and the informal economy The Government indicates that three mechanisms, in particular, contribute to making progress in support for enterprises: (i) the CTC, which allows enterprises that lodge a request to obtain financial support for additional means of prevention; (ii) the Inter-occupational Fund for Training Insurance, which ensures the financing of OSH training; and (iii) the Institute of Social Relations, which allows workers’ representatives to receive free training. The Committee requests the Government to specify whether these mechanisms apply to microenterprises, small and medium-sized enterprises, and the informal economy.

National programme

Article 5. National OSH programme. In the absence of information on the current national OSH programme, the Committee requests the Government to provide a copy of this plan and to specify the manner in which it is implemented, monitored, evaluated and periodically reviewed, as well as the role of the social partners and the CDS in this process.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Instruction of workers engaged in radiation work. The Committee notes that, in response to its previous request, the Government indicates that cooperation between the Government and the Nuclear Safety Agency, which was initiated in 2013 and provided for, inter alia, a support and training programme, was renewed for 2016–18, and then for 2019–21. The Committee also notes that the Chamber of Trade and Industry offers training aimed at optimizing protection for workers against radiation in the medical field and that a training centre for those who manage radioactive sources and x-ray machines, as well as for workers using these machines, is being set up. The Committee requests the Government to provide information on the establishment of the above-mentioned training centre.

Maximum Weight Convention, 1967 (No. 127)

Article 4 of the Convention. Account taken of all the conditions in which the work is to be performed. The Committee notes that Order No. 2009-4271/GNC of 22 September 2009 relating to the minimum safety and health requirements for the manual handling of loads involving risks, for workers, particularly to the lower back, will be amended in the next two years and that there are plans to adopt a third annex, establishing a system of reduction coefficients to be applied according to a given situation (for example, a slanting floor). While expressing the hope that a third annex to Order No. 2009-4271/GNC, establishing a system of reduction coefficients, will be adopted shortly, the Committee requests the Government to provide information on this matter and to send a copy of this new regulation, once it has been adopted.

Protection in specific branches of activity

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

The Committee notes the information provided by the Government in its report in response to its previous request concerning Article 16 of the Convention.

Article 19. First-aid kit. In response to the Committee’s previous comment, the Government indicates that, in the light of the obsolete and incomplete nature of Order No. 3445-T of 30 August 1995, regulating the application of section 19 of Decision No. 50/CP of 10 May 1989 relating to occupational health, amended by Decision No. 432 of 3 November 1993, and relating to first-aid kits, a draft decision concerning first-aid kits in enterprises and an implementing order are being adopted. The Government states that this draft has already been submitted to the competent bodies and then to the social partners within the CDS, which must issue its view shortly. The Committee requests the Government to provide information on any progress achieved towards the adoption of a new regulation concerning first-aid kits in enterprises.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.120, C.127 and C.187

Previous comments: C.115, C.120, C.127 and C.187

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 115, 120, 127 and 187. The Committee notes the detailed information contained in the report of the New Caledonia Compensation Fund for family allowances, occupational accidents and worker protection (CAFAT). This report shows that there were 3,576 occupational accidents in 2019, 3,257 in 2020 and 2,954 in 2021. It also shows that there were 176 commuting accidents with absence from work in 2019, 145 in 2020 and 148 in 2021, and that 80 diseases were recognized as occupational in 2019, 64 in 2020 and 54 in 2021. The Committee notes that CAFAT applies “malus” points (increases, through the application of a safety index, to the rate of contributions for occupational accidents and diseases) to enterprises that regularly fail to observe the principles of occupational risk prevention, and that in 2021 the enhanced monitoring, which was set up for two enterprises to prevent “malus” points from being applied to them, produced rather conclusive results. The Committee also notes that, conversely, CAFAT may apply a lower rate of contribution when the employer has taken special safety and prevention measures. With regard to Convention No. 127, the Committee takes due note of the various initiatives taken by CAFAT, the Directorate of Labour and Employment (DTE), the Labour Inspectorate and the Technical Advisory Committee (CTC) on the prevention of risks associated with the manual transport of loads. The Committee notes, however, that in 2021, of the 54 diseases recognized as occupational, 53 were due to articular diseases (almost half of which concerned people working in commerce, offices, or the public or semi-public services) and the last one was linked to chronic lower back pain due to the manual carrying of heavy loads. With regard to occupational accidents, “manual transport or handling”, which remains the biggest cause of occupational accidents, 851 occupational accidents were accounted in 2020. The Committee requests the Government to continue to provide information on the application in practice of the ratified OSH Conventions, including on the number of occupational accidents and cases of occupational disease, particularly in terms of the manual transport of loads, and particularly in commerce and offices.

Legislation.Noting that the DTE has undertaken to fill the gaps in OSH regulations by drawing up a codification (particularly in the areas of protection against risks related to the inhalation of asbestos, hyperbaric activities, risks related to electricity and night work) and to update the applicable OSH texts, the Committee requests the Government to provide information on any progress achieved towards the adoption of new texts in the above areas, the updating of Decision No. 34/CP of 23 February 1989 of Congress on general safety and health measures, and the amendment to be made to Order No. 2009-4271/GNC of 22 September 2009 on the minimum safety and health requirements relating to the manual handling of loads involving risks, particularly relating to lower back pain, to workers.

A. General provisions

OSH and its promotional framework (Convention No. 187)

• Objective

Article 2(2) of the Convention. Account taken of the principles set out in the relevant instruments of the ILO. Further to its previous comment, the Committee notes that the OSH system is consistent with each of the Conventions listed in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), and that the Government has identified the measures taken or envisaged in order to give effect to these Conventions, whether or not they have been ratified by France or declared applicable to New Caledonia. The Committee notes the information provided, which responds to the previous request for information.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. In response to the Committee’s previous comment, the Government indicates that it has not received any draft text to ensure applicability of the Occupational Cancer Convention, 1974 (No. 139) and the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) to New Caledonia. The Committee requests the Government to continue to provide information on the periodic examination of the measures that could be taken to ensure applicability of the relevant OSH Conventions of the ILO to New Caledonia, in particular Conventions Nos 139 and 148, but also the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) and the Safety and Health in Agriculture Convention, 2001 (No. 184), which have also been ratified by France.

• National policy

Article 3(1) and (3). Periodic examination of the national policy. Consultation with the social partners. The Committee notes that, according to the information provided by the Government in response to its previous request, consultation with and participation of the social partners in OSH matters is carried out within the Social Dialogue Council (CDS). The Committee also notes that the CDS is informed of the main areas of the Government’s activity and the reforms that it proposes in various fields such as labour, employment and worker protection, at the annual social conference; that the Government and the CDS inform each other of the progress of the work at quarterly conferences, and that they set out a shared social agenda, which is reviewed on a quarterly basis. The aim of the agenda is, in particular, to enable discussion and ensure follow-up to the work undertaken or planned by the Government. The Committee notes the information provided, which responds to the previous request for information.

Article 3(2). Promotion and advancement, at all levels, of the right of workers to a safe and healthy working environment. In response to the Committee’s previous comment, the Government indicates that the DTE is responsible for, inter alia, the prevention of occupational risks and the improvement of working conditions, and that to this end it relies not only on the institutional bodies – CAFAT, the Occupational Inter-enterprise Medical Service (SMIT) and the Chambers of Commerce (the Chamber of Trade and Crafts, Chamber of Trade and Industry and Chamber of Agriculture) – but also the social partners. The Committee welcomes the fact that Territorial Act No. 2021-4 of 12 May 2021 relating to the New Caledonian public service has created a joint technical committee for each public employer, which is consulted on issues relating particularly to occupational safety and health, and working conditions. In addition, the Committee welcomes the creation, on 1 January 2021, of the Occupational Health and Prevention Service of the Human Resources and Public Service Department of New Caledonia. Lastly, the Committee notes the regular running of the Fair for social dialogue, risk prevention and vocational training and of the Forum for the prevention of occupational risks. The Committee notes the information provided, which responds to the previous request for information.

• National system

Article 4(3)(c). OSH training. Further to its previous comment, the Committee notes that 32 people have received three-year accreditation to provide first-aid training in the workplace, and nine have been given five-year accreditation to carry out coordination tasks in the field of safety and health protection in the building industry. In addition, the Committee notes the information provided on the free training organized by the DTE and CAFAT on occupational health and safety issues, the training offered by the Institute of Social Relations to employers’ and workers’ representatives, as well as the assistance and training provided by the Chambers of Commerce in OSH matters. The Committee notes the information provided, which responds to the previous request for information.

Article 4(3)(d). Occupational health services. In response to the Committee’s previous comment, the Government indicates that the discussions started with the social and institutional partners on the need to reform the occupational health system resulted in the adoption of Territorial Act No. 2020-7 of 15 May 2020, which replaced Chapter III (on occupational health services) of Title VI (on OSH) of the Labour Code, and Decision No. 37/CP of 24 June 2020 on the reform of occupational health services. According to the Government, the above-mentioned Act has overhauled the legal framework for the occupational health system, with the aim of enabling it to meet the reasonable expectations of enterprise stakeholders; and one of the main innovations was the establishment of either medical follow-up adapted to the worker’s situation, or more thorough follow-up in line with the worker’s exposure to certain risks. The Committee notes this information, which responds to its previous request.

Article 4(3)(g). Provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. In response to the Committee’s previous comment, the Government indicates that the DTE and CAFAT work in close collaboration to raise the awareness of enterprises and involve them in OSH matters, which results in the organization of occupational risk prevention forums and the publication of manuals. The Committee notes this information, which responds to its previous request.

Article 4(3)(h). Support mechanisms formicroenterprises, small and medium-sized enterprises and the informal economy The Government indicates that three mechanisms, in particular, contribute to making progress in support for enterprises: (i) the CTC, which allows enterprises that lodge a request to obtain financial support for additional means of prevention; (ii) the Inter-occupational Fund for Training Insurance, which ensures the financing of OSH training; and (iii) the Institute of Social Relations, which allows workers’ representatives to receive free training. The Committee requests the Government to specify whether these mechanisms apply to microenterprises, small and medium-sized enterprises, and the informal economy.

• National programme

Article 5. National OSH programme. In the absence of information on the current national OSH programme, the Committee requests the Government to provide a copy of this plan and to specify the manner in which it is implemented, monitored, evaluated and periodically reviewed, as well as the role of the social partners and the CDS in this process.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Instruction of workers engaged in radiation work. The Committee notes that, in response to its previous request, the Government indicates that cooperation between the Government and the Nuclear Safety Agency, which was initiated in 2013 and provided for, inter alia, a support and training programme, was renewed for 2016–18, and then for 2019–21. The Committee also notes that the Chamber of Trade and Industry offers training aimed at optimizing protection for workers against radiation in the medical field and that a training centre for those who manage radioactive sources and x-ray machines, as well as for workers using these machines, is being set up. The Committee requests the Government to provide information on the establishment of the above-mentioned training centre.

Maximum Weight Convention, 1967 (No. 127)

Article 4 of the Convention. Account taken of all the conditions in which the work is to be performed. The Committee notes that Order No. 2009-4271/GNC of 22 September 2009 relating to the minimum safety and health requirements for the manual handling of loads involving risks, for workers, particularly to the lower back, will be amended in the next two years and that there are plans to adopt a third annex, establishing a system of reduction coefficients to be applied according to a given situation (for example, a slanting floor). While expressing the hope that a third annex to Order No. 2009-4271/GNC, establishing a system of reduction coefficients, will be adopted shortly, the Committee requests the Government to provide information on this matter and to send a copy of this new regulation, once it has been adopted.

• Protection in specific branches of activity

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

The Committee notes the information provided by the Government in its report in response to its previous request concerning Article 16 of the Convention.

Article 19. First-aid kit. In response to the Committee’s previous comment, the Government indicates that, in the light of the obsolete and incomplete nature of Order No. 3445-T of 30 August 1995, regulating the application of section 19 of Decision No. 50/CP of 10 May 1989 relating to occupational health, amended by Decision No. 432 of 3 November 1993, and relating to first-aid kits, a draft decision concerning first-aid kits in enterprises and an implementing order are being adopted. The Government states that this draft has already been submitted to the competent bodies and then to the social partners within the CDS, which must issue its view shortly. The Committee requests the Government to provide information on any progress achieved towards the adoption of a new regulation concerning first-aid kits in enterprises.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Previous comment

Articles 1, 3(1) and (2), 6, 7, 8, and 14 of the Convention. Legislation. Appropriate measures to ensure the effective protection of workers against ionizing radiations and maximum permissible doses of ionizing radiations. Discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice. The Committee takes due note that, in the period 2018–2021 there were no reports of occupational accidents with absence from work further to a worker’s sudden exposure to radiation. The Committee notes, however, that according to the Government, the regulations concerning radiation protection and, in particular, the maximum permissible doses, have not been updated for many years. The Government indicates that this is due to a lack of human resources and difficulties encountered in transposing the new regulations of metropolitan France into New Caledonian legislation. Nonetheless, the Committee notes with regret that the new regulation, which was due to be adopted in December 2016, has not yet been adopted. The Committee notes that the updating of Decision No. 547 of 25 January 1995, relating to the protection of workers against ionizing radiations, was scheduled for the first half of 2023 and that, ahead of this updating, the stakeholders (the enterprises and institutions involved) had decided that the above-mentioned decision would continue to be applied as it sets out the overriding principles of protection and management of workers’ exposure; but with regard to its implementation, they referred to the regulation of metropolitan France. In this regard, the Committee wishes to once again draw the Government’s attention to the following paragraphs of its 2015 general observation: paragraph 31 on a system of radiation protection; paragraphs 32 to 35 on the current recommendations for permissible dose limits; and paragraph 40 on discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee also notes that 2023 was to be the year in which consideration was given to the establishment of a New Caledonian governmental department for radiation protection, responsible for liaising among all stakeholders. The Committee expects that the Government will spare no necessary efforts so that, in the light of the above-mentioned paragraphs of the 2015 general observation, a new regulation giving full effect to the Convention, particularly Article 3(1) and (2), and Articles 6, 7, 8 and 14, is adopted as soon as possible and in consultation with the employers’ and workers’ representatives concerned. In addition, the Committee requests the Government to provide information on any measures taken or envisaged with a view to the establishment of a New Caledonian governmental department for radiation protection.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the Government’s first report.

Article 2(2) of the Convention. Taking into account the principles set out in relevant ILO instruments. The Committee requests the Government to provide information on the manner in which the principles set out in ILO instruments relevant to the promotional framework for occupational safety and health (OSH), which appear in the annex to Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), have been taken into consideration in the steps taken towards achieving progressively a safe and healthy working environment.

Article 2(3). Consideration of measures that could be taken to ratify the relevant ILO Conventions on occupational safety and health. The Committee notes that most of the up-to-date Conventions on occupational safety and health ratified by France have been declared applicable to New Caledonia, with the exception of the Occupational Cancer Convention, 1974 (No. 139) and the Workplace Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). The Committee requests the Government to indicate whether any consideration has been given to the measures that could be taken to declare applicable relevant ILO Conventions on occupational safety and health to New Caledonia.

Article 3(1). Periodic review of the national policy. Consultation with the social partners. The Committee notes the Government’s indication that consultations have been held with the most representative organizations of employers and workers to discuss the formulation, implementation and periodic review of a national policy. It notes in this regard the role of the tripartite Advisory Committee on Labour, whose mandate includes periodically reviewing occupational risk prevention (section R.382-1 of the Labour Code) and issuing guidance on OSH measures that should be taken (sections Lp. 261-18 and R.261-3 of the Labour Code). The Committee requests the Government to provide further information on the manner in which the national policy on OSH is periodically reviewed in consultation with the social partners, and on the role of the Advisory Committee on Labour in this context.

Article 3(2). Promoting and advancing, at all levels, the right of workers to a safe and healthy working environment. The Committee notes the promotional activities cited by the Government, in particular the campaigns for World OSH Day, the morning seminars on prevention and the information sheet for employers on risk assessment, as well as the statistics provided on the decrease in the number of notifications of occupational accidents and diseases for the period 2010–14. The Committee requests the Government to continue to provide information on its promotional activities and their results, and to provide statistics as from 2015 on the advancement of the right of workers to a safe and healthy working environment.

Article 4(3)(c). OSH training. The Committee notes that the objectives of the 2006–08 OSH Plan included the development of training activities, including the compilation and updating of a directory of training bodies and of OSH training courses offered by the Directorate of Labour and Employment (DTE), and the integration of OSH in the training of young persons and in further training. The 2009–14 Plan included the provision of inter-institutional training to promote exchanges and complementary practices. The Committee requests the Government to provide additional information on the results of the initiatives taken to provide OSH training in the framework of the OSH Plans.

Article 4(3)(d). Occupational health services. The Committee notes the difficulties highlighted by the common social agenda for 2016–17 in relation to the loss of effectiveness of occupational medicine and the difficulties in recruitment, as well as the envisaged consultations on this issue between the social partners, the Occupational Inter-enterprise Medical Service and professionals in occupational medicine. The Committee requests the Government to provide information on the measures taken since to address the problems observed in the common social agenda.

Article 4(3)(g). Provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee notes that the 2009–14 OSH Plan provided for continued operational coordination between the various risk prevention actors, including the Compensation Fund for Occupational Accidents (CAFAT). The Committee requests the Government to indicate whether this coordination has continued after the end of the 2009–14 OSH Plan.

Article 4(3)(h). Support mechanisms for microenterprises, small and medium-sized enterprises and the informal economy. Noting that the Government’s report and the OSH plans sent with the Government’s report to not provide information on this respect, the Committee requests the Government to indicate whether support mechanisms are in place for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy.

Article 5. National programme on OSH. The Committee notes the adoption of plans to promote OSH for 2006–08 and 2009–14. It notes that the focuses of the 2016–20 plan are the promotion of OSH among all actors, including the institutions representing staff; the strengthening of institutional partnerships; and the supervision and organization of professionals involved in occupational risk prevention. The Committee requests the Government to provide the annual reviews of the OSH Plan and to provide further details on the manner in which it is implemented, monitored, evaluated and periodically reviewed, as well as on the role of the social partners and the Advisory Committee on Labour in this process. The Committee also requests the Government to specify how the objectives, targets and indicators are integrated into the national programme on OSH and into the annual reviews of its implementation. Lastly, it requests the Government to continue providing copies of any adopted action plans and to indicate the steps taken to widely publicize the national programme.

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

General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 on this Convention, and particularly the request for information contained in paragraph 30.

Article 1 of the Convention. Laws or regulations. Article 3(1) and (2). Appropriate measures to ensure the effective protection of workers against ionizing radiations. Articles 6, 7 and 8. Maximum permissible doses of ionizing radiations. Article 14. Discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. In its previous comment, the Committee requested the Government to continue its efforts to adopt the necessary legislative amendments to ensure conformity with the Convention. The Committee welcomes the Government’s indication in its report that, following the signature in September 2013 of the framework agreement on technical assistance with the Nuclear Safety Authority (ASN) of France, the ASN has undertaken an updating of the regulations on radiation protection in collaboration with the various competent Government services. The Committee notes that, according to the Government, the new regulations should be adopted in December 2016. In this regard, the Committee wishes to draw the Government’s attention to the following paragraphs of its general observation of 2015: paragraph 31 on the system of radiation protection; paragraphs 32–35 on the current recommendations for maximum permissible dose limits; and paragraph 40 on the discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. The Committee hopes that the new regulations will be adopted in the very near future and will give effect to the Convention, and particularly to Article 3(1) and (2) and to Articles 6, 7, 8 and 14 of the Convention, in light of the above paragraphs of the general observation of 2015. It requests the Government to provide a copy of the regulations when they have been adopted.

Article 9(2). Instruction for workers engaged in radiation work. With reference to its previous comment, in which it requested the Government to indicate the measures adopted or envisaged to ensure that all workers directly engaged in radiation work are duly trained, the Committee notes the Government’s indication that the training provided in 2013 by ASN inspectors, and repeated in 2014, was targeted at counterparts identified in each of the competent services, as well as at resource persons in establishments adopting procedures using ionizing radiations. However, the Committee notes that the Government does not provide information on the instruction provided to workers directly engaged in radiation work, as required by Article 9(2) of the Convention. The Committee once again requests the Government to provide information on the measures adopted or envisaged, in law and practice, to ensure that all workers directly engaged in radiation work are duly instructed.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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

The Committee notes the information supplied by the Government in its report in reply to its previous requests concerning the following Articles of the Convention: Articles 7 (maintenance and cleanliness of premises); 8 (ventilation); 9 (sufficient lighting); 10 (temperature); 11 (layout of workplaces); 12 (sufficient supply of drinking water); 13 (washing and sanitary facilities); 14 (availability of sufficient seating for workers in offices and other workplaces); 15 (suitable facilities for changing, leaving and drying clothing); 17 (protection of workers against obnoxious, unhealthy, toxic or harmful substances, processes and techniques); and 18 (protection against noise and vibrations).

Article 16 of the Convention. Appropriate standards of hygiene in underground or windowless premises. The Committee notes the Government’s indication that New Caledonia has no enterprises that perform underground work and hence the implementation of this Article is not relevant. The Committee recalls that Article 16 of the Convention also applies to windowless premises in which work is normally performed. The Committee requests the Government to indicate whether windowless premises exist where work is normally performed and, if so, to specify the provisions of the national legislation ensuring appropriate standards of hygiene in these premises.

Article 19. Dispensary or first-aid post. The Committee notes the Government’s reference to sections Lp. 263-1 and 263-2 of the Labour Code, according to which employers are required to organize an occupational health service, provided by one or more occupational physicians. The Committee recalls that, under Article 19, every establishment, institution, administrative service or department, having regard to its size and the possible risk, must maintain its own or a joint dispensary or first-aid post, or have one or more first-aid cupboards, boxes or kits. The Committee requests the Government to indicate the manner in which the provision of first aid is ensured in establishments, institutions, administrative services or departments to which the Convention applies.

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

Application of the Convention in law and practice. The Committee refers to its previous comments in which it requested the Government to provide a detailed report that would enable it to evaluate the manner in which the Convention is applied in law and practice. The Committee notes, however, that the brief information contained in the Government’s report does not allow such an evaluation. The Committee therefore once again requests the Government to provide a detailed report indicating the provisions of the laws and regulations that give effect to each of the provisions of the Convention. The Government is also requested to provide a general appreciation of the application of the Convention in practice, including information on the number of workers covered by the relevant legislation, the number and nature of violations reported and the penalties imposed.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Application of the Convention in law and practice. The Committee notes the information contained in the Government’s report. It recalls that in its previous comments, with a view to being able to assess the application of the Convention, it requested the Government to provide a detailed report indicating the relevant legislative texts and a general appreciation of the application of the Convention in practice. It notes that the Government has provided a simplified report containing information that does not provide a basis for such an assessment. The Committee therefore requests the Government to provide detailed information on the application of each of the specific provisions of the Convention in law and practice.

[The Government is asked to report in detail in 2014.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Application of the Convention by means of laws or regulations, codes of practice or other appropriate means in consultation with representatives of employers and workers. With reference to its previous comments, the Committee notes that the Government again refers to territorial Act called loi du pays (legislation of New Caledonia, distinct from French legislation) No. 2009-7 of 19 October 2009 on occupational safety and health amending the Labour Code of New Caledonia, and reports that the Act was submitted to representatives of workers and employers for their opinion at a tripartite consultation held on 30 April 2008. The Committee notes, however, that the Government provides no information on the efforts made to adopt the necessary legislative amendments to ensure conformity with the Convention. Referring to its previous comments, the Committee again urges the Government to pursue its efforts to adopt the necessary legislative amendments to ensure conformity with the Convention, to appoint a medical inspector and to inform the Committee of the results of these efforts, and to report any progress.

The Committee notes with concern that, according to the Government’s report, no measures have been taken to give effect to Article 3(1) and (2), Article 6, Article 9(2) and Article 14 of the Convention. Consequently, the Committee is bound to repeat its previous comments, which read as follows:

Article 3(1) and (2) and Article 6. Appropriate measures for ensuring the effective protection of workers against ionizing radiations and for the review, in the light of knowledge available at the time, of the maximum permissible doses of ionizing radiations. In its report, the Government refers to the exposure limits set forth in sections 5 to 8 of Decision No. 547/CP of 25 January 1995. The Committee notes that these exposure limits reflect those set forth by the International Commission on Radiological Protection (ICRP) in 1977. In this regard, the Committee brings the attention of the Government to the fact that under the terms of Article 3(1) and (2), and Article 6, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionizing radiations and that, for this purpose, maximum permissible doses of ionizing radiations shall be kept under constant review in the light of “knowledge available at the time” and “new knowledge”. The Committee recalls that, following a recommendation of 1977, these maximum doses have been revised by the ICRP and that new exposure limits were set forth in its recommendations, adopted in 1990. The Committee refers to its recommendations in its 1992 general observation and emphasizes, in paragraph 11, that the ICRP set, inter alia, a maximum admissible dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not exceeding 50 mSv in any single year. The Committee also invites the Government to refer to paragraph 13 of its general observation concerning the maximum admissible dose for pregnant women. The Committee notes that the legislation to which the Government refers is not in conformity with the latest recommendations of the ICRP according to which women who may be pregnant shall be ensured a level of protection broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year). The recommendations also envisage that, once the pregnancy is declared, the equivalent dose limit to the surface of the woman’s abdomen should not exceed 2 mSv for the remainder of the pregnancy. Finally, the Committee notes that the legislation giving effect to the Convention does not seem to contain provisions ensuring the protection of the public in general against exposure to radiations. The Government is requested to indicate the measures taken or envisaged with regard to these points, thus ensuring the effective protection of the workers, in the light of the knowledge available at the time, according to the recommendations issued in 1990 by the ICRP.

Article 9(2). Instruction for workers. The Committee notes that section 10, paragraph 3, of Decision No. 547/CP of 25 January 1995, provides that any handling of industrial radiography or radioscopy apparatus shall be carried out by an employee having received special training. The Committee also notes that the second subparagraph of this section provides that an exemption to this measure may be granted by the Director of Labour in the case of electrical generators for fixed X ray machines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all workers directly engaged in radiation work are duly trained as well as to indicate the criteria according to which the exemptions provided for in section 10, paragraph 3, subparagraph 2, of Decision No. 547/CP of 25 January 1995, are granted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that the legislation envisaged for the application of the Convention does not seem to contain provisions ensuring that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

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

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

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 contained in the Government’s report concerning the adoption of a national policy on occupational safety and health based on prevention, a new labour code (in particular Chapters II, Part VI of Book 2 concerning occupational safety and health) as well as Law No. 2009-7 of 19 October 2009 on occupational safety and health. Regrettably the Government did not attach copies of any of the referenced documents and the report submitted did not include a response to the questions and requests raised by the Committee in its most recent comment. In order to allow the Committee to evaluate how the Convention is applied in practice in New Caledonia, including as regards the application of Articles 14 and 18 of the Convention, the Government is requested to provide a detailed report indicating the relevant legislative texts and a general appreciation of the practical application of the Convention, in conformity with Part IV of the report form.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the information provided concerning the developments in the area of occupational safety and health in general in the country, including, in particular, the adoption of law No. 2009-7 of 19 October 2009 concerning occupational safety and health (OSH) as part of the implementation of the new Labour Code adopted in 2008. The Committee notes that the new OSH law is broad in scope, that it emphasizes prevention and risk assessment, that it includes detailed provisions regarding the functions of the labour inspection services, and that the Government refers to several activities destined to increase the general awareness to OSH issues. The Committee notes with regret, however, that the Government reports that no change in law and in practice has occurred as regards the specific requirements of this Convention. The Committee requests the Government to provide a copy of the new OSH law adopted, and urges the Government once again to pursue its efforts to institute legislative changes to comply with the Convention, to appoint a medical inspector and to inform the Committee of the results of these efforts including any progress made. Against this background, the Committee is bound to reiterate its previous comments, which read as follows:

The Committee notes the information contained in the Government’s report, including the information concerning the adoption of Decision No. 547 of 25 January 1995 relating to the protection of workers against the hazard of ionizing radiations, as well as Orders Nos 3165-T, 3167-T, 3169-T, 3171-T and 3173-T of 10 August 1995. It wishes to bring the Government’s attention to the following points.

Article 1 of the Convention. Tripartite consultation. The Committee notes that the legislation referred to by the Government as giving effect to the Convention does not seem to contain provisions ensuring consultation with the representatives of the workers and the employers regarding the preparation and implementation of measures giving effect to the Convention. The Committee requests the Government to indicate the measures taken or envisaged for this purpose.

Article 3(1) and (2), and Article 6. Appropriate measures for ensuring the effective protection of workers against ionizing radiations and for the review, in the light of knowledge available at the time, of the maximum permissible doses of ionizing radiations. In its report, the Government refers to the exposure limits set forth in sections 5 to 8 of Decision No. 547/CP of 25 January 1995. The Committee notes that these exposure limits reflect those set forth by the International Commission on Radiological Protection (ICRP) in 1977. In this regard, the Committee brings the attention of the Government to the fact that under the terms of Article 3(1) and (2), and Article 6, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionizing radiations and that, for this purpose, maximum permissible doses of ionizing radiations shall be kept under constant review in the light of “knowledge available at the time” and “new knowledge”. The Committee recalls that, following a recommendation of 1977, these maximum doses have been revised by the ICRP and that new exposure limits were set forth in its recommendations, adopted in 1990. The Committee refers to its recommendations in its 1992 general observation and emphasizes, in paragraph 11, that the ICRP set, inter alia, a maximum admissible dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not exceeding 50 mSv in any single year. The Committee also invites the Government to refer to paragraph 13 of its general observation concerning the maximum admissible dose for pregnant women. The Committee notes that the legislation to which the Government refers is not in conformity with the latest recommendations of the ICRP according to which women who may be pregnant shall be ensured a level of protection broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year). The recommendations also envisage that, once the pregnancy is declared, the equivalent dose limit to the surface of the woman’s abdomen should not exceed 2 mSv for the remainder of the pregnancy. Finally, the Committee notes that the legislation giving effect to the Convention does not seem to contain provisions ensuring the protection of the public in general against exposure to radiations. The Government is requested to indicate the measures taken or envisaged with regard to these points, thus ensuring the effective protection of the workers, in the light of the knowledge available at the time, according to the recommendations issued in 1990 by the ICRP.

Article 9(2). Instruction for workers. The Committee notes that section 10, paragraph 3, of Decision No. 547/CP of 25 January 1995, provides that any handling of industrial radiography or radioscopy apparatus shall be carried out by an employee having received special training. The Committee also notes that the second subparagraph of this section provides that an exemption to this measure may be granted by the Director of Labour in the case of electrical generators for fixed X ray machines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all workers directly engaged in radiation work are duly trained as well as to indicate the criteria according to which the exemptions provided for in section 10, paragraph 3, subparagraph 2, of Decision No. 547/CP of 25 January 1995, are granted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that the legislation envisaged for the application of the Convention does not seem to contain provisions ensuring that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

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

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

The Committee notes with interest the information contained in the Government’s report concerning the adoption of a national policy on occupational safety and health based on prevention, a new labour code (in particular Chapters II, part VI of Book 2 concerning occupational safety and health) as well as Law No. 2009-7 of 19 October 2009 on occupational safety and health. Regrettably the Government did not attach copies of any of the referenced documents and the report submitted did not include a response to the questions and requests raised by the Committee in its most recent comment. In order to allow the Committee to evaluate how the Convention is applied in practice in New Caledonia, including as regards the application of Articles 14 and 18 of the Convention, the Government is requested to provide a detailed report indicating the relevant legislative texts and a general appreciation of the practical application of the Convention, in conformity with Part IV of the report form.

[The Government is asked to report in detail in 2012.]

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

The Committee notes with interest the information provided concerning the developments in the area of occupational safety and health in general in the country, including, in particular, the adoption of law No. 2009-7 of 19 October 2009 concerning occupational safety and health (OSH) as part of the implementation of the new Labour Code adopted in 2008. The Committee notes that the new OSH law is broad in scope, that it emphasizes prevention and risk assessment, that it includes detailed provisions regarding the functions of the labour inspection services, and that the Government refers to several activities destined to increase the general awareness to OSH issues. The Committee notes with regret, however, that the Government reports that no change in law and in practice has occurred as regards the specific requirements of this Convention. The Committee requests the Government to provide a copy of the new OSH law adopted, and urges the Government once again to pursue its efforts to institute legislative changes to comply with the Convention, to appoint a medical inspector and to inform the Committee of the results of these efforts including any progress made. Against this background, the Committee is bound to reiterate its previous comments, which read as follows:

Repetition

The Committee notes the information contained in the Government’s report, including the information concerning the adoption of Decision No. 547 of 25 January 1995 relating to the protection of workers against the hazard of ionizing radiations, as well as Orders Nos 3165-T, 3167-T, 3169-T, 3171-T and 3173-T of 10 August 1995. It wishes to bring the Government’s attention to the following points.

Article 1 of the Convention. Tripartite consultation. The Committee notes that the legislation referred to by the Government as giving effect to the Convention does not seem to contain provisions ensuring consultation with the representatives of the workers and the employers regarding the preparation and implementation of measures giving effect to the Convention. The Committee requests the Government to indicate the measures taken or envisaged for this purpose.

Article 3(1) and (2), and Article 6. Appropriate measures for ensuring the effective protection of workers against ionizing radiations and for the review, in the light of knowledge available at the time, of the maximum permissible doses of ionizing radiations. In its report, the Government refers to the exposure limits set forth in sections 5 to 8 of Decision No. 547/CP of 25 January 1995. The Committee notes that these exposure limits reflect those set forth by the International Commission on Radiological Protection (ICRP) in 1977. In this regard, the Committee brings the attention of the Government to the fact that under the terms of Article 3(1) and (2), and Article 6, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionizing radiations and that, for this purpose, maximum permissible doses of ionizing radiations shall be kept under constant review in the light of “knowledge available at the time” and “new knowledge”. The Committee recalls that, following a recommendation of 1977, these maximum doses have been revised by the ICRP and that new exposure limits were set forth in its recommendations, adopted in 1990. The Committee refers to its recommendations in its 1992 general observation and emphasizes, in paragraph 11, that the ICRP set, inter alia, a maximum admissible dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not exceeding 50 mSv in any single year. The Committee also invites the Government to refer to paragraph 13 of its general observation concerning the maximum admissible dose for pregnant women. The Committee notes that the legislation to which the Government refers is not in conformity with the latest recommendations of the ICRP according to which women who may be pregnant shall be ensured a level of protection broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year). The recommendations also envisage that, once the pregnancy is declared, the equivalent dose limit to the surface of the woman’s abdomen should not exceed 2 mSv for the remainder of the pregnancy. Finally, the Committee notes that the legislation giving effect to the Convention does not seem to contain provisions ensuring the protection of the public in general against exposure to radiations. The Government is requested to indicate the measures taken or envisaged with regard to these points, thus ensuring the effective protection of the workers, in the light of the knowledge available at the time, according to the recommendations issued in 1990 by the ICRP.

Article 9(2). Instruction for workers. The Committee notes that section 10, paragraph 3, of Decision No. 547/CP of 25 January 1995, provides that any handling of industrial radiography or radioscopy apparatus shall be carried out by an employee having received special training. The Committee also notes that the second subparagraph of this section provides that an exemption to this measure may be granted by the Director of Labour in the case of electrical generators for fixed X ray machines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all workers directly engaged in radiation work are duly trained as well as to indicate the criteria according to which the exemptions provided for in section 10, paragraph 3, subparagraph 2, of Decision No. 547/CP of 25 January 1995, are granted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that the legislation envisaged for the application of the Convention does not seem to contain provisions ensuring that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

[The Government is asked to reply in detail to the present comments in 2012.]

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

The Committee notes with satisfaction the information concerning the adoption of Decree No. 2009-4271/GNC of 22 September 2009 containing minimum occupational safety and health (OSH) requirements concerning manual handling of loads. The Decree prescribes specific maximum limits of loads to be carried by adult men, women and young workers and the conduct of risk assessments in relation to the manual handling of loads and gives effect to the provisions of the Convention. The Committee also notes the information that the Government presently implementing is 2009–14 OSH policy based on prevention which includes practical measures including campaigns to increase the general awareness knowledge on OSH. The Committee requests the Government to submit to the Office a copy of the abovementioned national policy on OSH.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner the Convention is applied in the country including extracts from inspection services and information concerning the number and nature of contraventions reported and the action taken on them, etc.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its latest report according to which a Labour Code should be examined by the Congress of New Caledonia before the end of the first half of 2007. The report also indicates that a working paper is ready and a delegation of the State Council visited Nouméa in March 2007 on a technical mission to finalize the preliminary draft text. The Government’s report adds that a compilation of occupational safety and health texts for professionals has been prepared and its dissemination should coincide with that of the new Labour Code. Furthermore, the report indicates that the transposition of the European Union Framework Directive on Prevention and Safety is being carried out in 2007 and that this text will serve, among other objectives, to generalize in New Caledonia the concept of risk evaluation in enterprises and that the issue of the manual handling of loads forms part of the reflection that enterprises will have to carry out in the context of their risk evaluation. The Committee further notes the information provided by the Government on the effect given in practice to the provisions respecting the maximum weight of loads, on the use of modern technical means for the handling of loads and on vocational training. While noting that these developments are promising, the Committee observes that the regulations on maximum weight have not changed since its last comment. It is accordingly once again bound to reiterate its comments on the following points:

1. The Committee notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the medical labour inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transport of loads by workers is Order No. 1211-T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

2. Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993 giving effect to section 5 of Order No. 34/CP of 23 February 1989 respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit for occasional lifting is set at 105 kg, and a worker may be regularly authorized to carry loads of over 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a loads heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

3. Articles 4 and 6. The Committee previously noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

4. Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and provides effective protection for workers called upon to lift and transport loads manually.

2. The Committee requests the Government to provide any new legislative text as soon as it is adopted.

[The Government is asked to reply in detail to the present comments in 2008.]

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

1. The Committee notes the information contained in the Government’s report and notes that a Labour Code is being drawn up by the Congress of New Caledonia. The report also indicates that a compilation of texts on occupational health and safety for professionals is also being drawn up. Furthermore, since May 2006, a subcommittee has been charged with making proposals on occupational safety and health at work. While noting the information provided by the Government on the practical application of provisions relating to maximum weight of loads, particularly the use of modern technical handling devices and occupational training, the Committee is bound, once again, to reiterate its comments on the following points raised in its previous observation.

The Committee notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit for occasional lifts is set at 105 kg, and a worker may be regularly required to carry loads up to a maximum of 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

The Committee firmly hopes that the Government will take the necessary legislative and/or other measures as soon as possible to ensure effective protection for workers who have to lift and transport loads manually.

2. The Committee requests the Government to supply any new legislative texts as soon as they are adopted.

[The Government is asked to reply in detail to the present comments in 2007.]

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

1. The Committee notes the information contained in the Government’s report, including the information concerning the adoption of Decision No. 547 of 25 January 1995 relating to the protection of workers against the hazard of ionizing radiations, as well as Orders Nos. 3165-T, 3167-T, 3169-T, 3171-T and 3173-T of 10 August 1995. It wishes to bring the Government’s attention to the following points.

2. Article 1 of the Convention. Tripartite consultation. The Committee notes that the legislation referred to by the Government as giving effect to the Convention does not seem to contain provisions ensuring consultation with the representatives of the workers and the employers regarding the preparation and implementation of measures giving effect to the Convention. The Committee requests the Government to indicate the measures taken or envisaged for this purpose.

3. Article 3, paragraphs 1 and 2, and Article 6. Appropriate measures for ensuring the effective protection of workers against ionizing radiations and for the review, in the light of knowledge available at the time, of the maximum permissible doses of ionizing radiations. In its report, the Government refers to the exposure limits set forth in sections 5 to 8 of Decision No. 547/CP of 25 January 1995. The Committee notes that these exposure limits reflect those set forth by the International Commission on Radiological Protection (ICRP) in 1977. In this regard, the Committee brings the attention of the Government to the fact that under the terms of Article 3, paragraphs 1 and 2, and Article 6, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers, as regards their health and safety, against ionizing radiations and that, for this purpose, maximum permissible doses of ionizing radiations shall be kept under constant review in the light of "knowledge available at the time" and "new knowledge". The Committee recalls that, following a recommendation of 1977, these maximum doses have been revised by the ICRP and that new exposure limits were set forth in its recommendations, adopted in 1990. The Committee refers to its recommendations in its 1992 general observation and emphasizes, in paragraph 11, that the ICRP set, inter alia, a maximum admissible dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not exceeding 50 mSv in any single year. The Committee also invites the Government to refer to paragraph 13 of its general observation concerning the maximum admissible dose for pregnant women. The Committee notes that the legislation to which the Government refers is not in conformity with the latest recommendations of the ICRP according to which women who may be pregnant shall be ensured a level of protection broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year). The recommendations also envisage that once the pregnancy is declared, the equivalent dose limit to the surface of the woman’s abdomen should not exceed 2 mSv for the remainder of the pregnancy. Finally, the Committee notes that the legislation giving effect to the Convention does not seem to contain provisions ensuring the protection of the public in general against exposure to radiations. The Government is requested to indicate the measures taken or envisaged with regard to these points, thus ensuring the effective protection of the workers, in the light of the knowledge available at the time, according to the recommendations issued in 1990 by the ICRP.

4. Article 9, paragraph 2. Instruction for workers. The Committee notes that section 10, paragraph 3, of Decision No. 547/CP of 25 January 1995, provides that any handling of industrial radiography or radioscopy apparatus shall be carried out by an employee having received special training. The Committee also notes that the second subparagraph of this section provides that an exemption to this measure may be granted by the Director of Labour in the case of electrical generators for fixed X-ray machines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all workers directly engaged in radiation work are duly trained as well as to indicate the criteria according to which the exemptions provided for in section 10, paragraph 3, subparagraph 2, of Decision No. 547/CP of 25 January 1995, are granted.

5. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that the legislation envisaged for the application of the Convention does not seem to contain provisions ensuring that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the above indication, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiations contrary to medical advice and that, for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

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

1. The Committee notes the information contained in the Government’s report, including answers to its previous comments. The Committee notes with interest that, since its last direct request in 1993 concerning the application of Articles 1, 5, 9, 10, 12, 14, 16, 18 and 19 of the Convention, several legislative texts have been adopted, which seem to give effect to many of those Articles, including deliberations No. 432 of 3 November 1993, on work medicine, No. 433 of 3 November 1993, on a system for the price setting of accidents, No. 547 of 25 January 1995, on protection against ionizing radiations, No. 548 of 25 January 1995, regarding security training (modifying deliberation No. 84/CP of 1989), No. 395/CP of 19 April 1995, on the recognition of occupational illness, No. 266/CP of 17 April 1998, on hygiene and safety integration in building conception, and No. 323/CP of 26 February 1999 regarding general rules on prevention of chemical risks. The Committee also notes that, in many specific answers to the Committee’s comments, the Government refers to additional modifications in progress. In order to allow the Committee to evaluate how the Convention is applied in practice in New Caledonia at the moment, the Government is requested to provide a detailed report indicating the relevant legislative texts and a general appreciation of the practical application of the Convention, in conformity with Part IV of the report form. The Committee would also like to draw the Government’s attention to the following points.

2. Article 14. Seats for all workers. The Committee notes that the Government’s reports are silent on measures taken or envisaged to ensure that a seat is at the disposal of every worker covered by the Convention, whether or not the work related is compatible with a sitting position, and that they have a reasonable possibility of using it. The Committee reiterates its request to provide information on measures taken or envisaged in this regard.

3. Article 18. Protection against vibration. The Committee notes the Government’s information indicating that preventive and informative actions are increased in the joinery, the building and the public work sectors, and that they are subject to special medical surveillance. However, the Committee notes the Government’s statement indicating that no legislation has been adopted regarding protection against vibrations, mainly due to difficulties to conceive text implementing appropriate measures. The Committee would like to remind the Government that these measures might include appropriated individual protection devices and the distribution of soundproof helmets. In this context, the Government may wish to take into account the legislation of European countries that have ratified the Convention and adopted measures for protection against vibrations. Please provide information on measures taken or envisaged in this regard.

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

1. The Committee notes the information supplied in the Government’s last reports and echoes the concern expressed by the social partners and by social organizations and the public authorities that, according to the statistics supplied by the Government, the share of manual load handling in occupational accidents increased from 30 per cent in 1999 to 37.7 per cent in 2002. The Committee notes that, as regards the application of the Convention, there have been no legislative or administrative changes. It requests the Government to continue to provide information on the practical effect given to the provisions on the maximum weight of loads that may be transported manually, and particularly on the measures taken to prevent occupational accidents in this area, and is again bound to repeat its comments on a number of points raised in its previous observation:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

2. The Committee firmly hopes that the Government will take the necessary legislative and/or other measures as soon as possible to ensure effective protection for workers who have to lift and transport loads manually.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

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

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231 72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211 T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

  Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

  Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211-T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention.  The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6.  The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form.  The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

[The Government is asked to report in detail in 2002.]

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

The Committee notes the information provided by the Government in its report, particularly with regard to the data provided by occupational physicians in the context of a survey.

Articles 3 and 7 of the Convention. The Committee notes from the information obtained from this survey of occupational physicians that heavy loads are generally only handled infrequently, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is capable of the manual transport of loads over 55 kg, reference is made to Order No. 1211-T, of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989 respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee notes that the above section 3 remains unchanged. The absolute limit is set at 105 kg and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physicians. While noting the information provided by the above survey, the Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to ensure that workers cannot be required to engage in the manual transport of a load which is heavier than 55 kg. Once again the Committee refers to the recommendations contained in the ILO publication "Maximum weight in lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988) in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the load permitted to be lifted and transported occasionally by adult women. The Committee has been raising this issue for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee notes the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers, depending on the financial means of the enterprise, to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the effect given to this Article in practice.

Part V of the report form. The Committee notes the information on occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involve absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident also remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accidents.

[The Government is asked to report in detail in 2001.]

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

Articles 3 and 7 of the Convention. The Committee refers to its observation and, while awaiting the revision of the limits established in sections 3 and 4 of Order No. 1211-T of 19 March 1993 concerning the minimum health and safety requirements as regards the manual handling of loads involving risks for workers, particularly in the back and lumbar regions, it requests the Government to continue supplying information on the application in practice of the provisions respecting the maximum weight of loads which can be transported manually (point V of the report form) by indicating the number of cases in which occupational physicians have found workers fit to carry regularly loads above 55 kg, on any limits which may be placed on these loads and on the criteria applied by the occupational physicians. In this respect, the Committee would be grateful if the Government would also supply copies of any regulations, directives or codes of practice providing guidance to occupational physicians for their evaluation of the fitness of workers to carry regularly loads over 55 kg without endangering their health and safety, as well as information on any measures which have been taken or are envisaged to reflect in the texts applicable at the national level the development of knowledge in the field of occupational medicine.

Articles 4 and 6. The Committee notes that by virtue of section 2 of Order No. 1211-T of 19 March 1993, the employer must take appropriate organizational measures or use appropriate means, including mechanical equipment, to avoid recourse to the manual handling of loads by workers. However, when the manual handling of a load cannot be avoided, particularly due to the layout of the workplace where such handling is carried out, the employer has to take appropriate organizational measures or make available to workers the appropriate means, including accessories which give a good grip, and where necessary combine different types of measures, so as to limit the physical effort and reduce the risk involved in the operation. The Committee requests the Government to provide information in future reports on the effect given in practice to these provisions.

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

The Committee notes the information supplied by the Government in its last report.

Articles 3 and 7 of the Convention. Further to its previous comments noting the absence of legislation to limit the weight of loads which can be transported manually by adult men, women and young workers, the Committee notes with interest the adoption of Order No. 1211-T of 19 March 1993 under section 5 of Decision No. 34/CP of 23 February 1989 respecting minimum health and safety requirements for the manual handling of loads involving risks to workers, particularly to the back and lumbar regions. Section 3 of the Order states that "where recourse to manual handling is inevitable and the mechanical aids referred to in section 2(1) cannot be used, a worker shall only be allowed to carry regularly loads over 55 kg if he has been found fit by the occupational physician; it is prohibited to cause a single man to carry any load over 105 kg". Section 4 of the above Order provides that young workers under 18 years of age and women employed in the establishments referred to in section 1 of Decision No. 34/CP of 23 February 1989 may not carry, pull or push either inside or outside such establishments loads heavier than the weight limits established for the carrying of loads, of 15 kg for male workers of 14 or 15 years of age, 20 kg for those of 16 or 17 years of age, and 8, 10 and 25 kg respectively for women workers of 14, 16 and 18 years of age.

The Committee notes that this Order establishes limits which did not exist before. However, with regard to the maximum weight established for the carrying of loads by adult males, the Committee notes that the absolute limit is set at 105 kg and that a worker can even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician.

The Committee is concerned by the question of the basis on which the occupational physician could reach the conclusion that a worker would be fit to carry manually on a regular basis loads over 55 kg without endangering his health or safety. In this respect, the Committee draws attention to Recommendation No. 128 concerning the maximum permissible weight to be carried by one worker, which states in Paragraph 14 that, where the maximum permissible weight which may be transported manually by one adult male worker is more than 55 kg, measures should be taken as speedily as possible to reduce it to that level. The Committee also refers to the publication Maximum weight in load lifting and carrying in the Occupational Safety and Health Series of the International Labour Office, in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by an adult male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the load permitted to be lifted and transported occasionally by adult women. The Committee hopes that the Government will keep the question under examination with a view to reducing the permitted weight of loads which may be carried by adult workers of both sexes and that it will indicate any measure taken to this effect.

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

With reference to its previous comments, the Committee notes with interest the information provided in the Government's latest report and the adoption of Deliberation No. 34/CP of 23 February 1989 concerning general safety and health measures which gives effect to Articles 8, 11, 13, 15 and 17 of the Convention.

I. Article 1. The Committee notes that section 1 of Ordinance No. 85-1181 of 13 December 1985 concerning general principles of labour law and the organization and functioning of the labour inspectorate and the labour tribunal excludes the public service from the scope of application of the relevant legislation. The Government is requested to indicate the manner in which the Convention is applied to the public service.

II. The Government is requested to provide further information on the following points in its next report:

1. Article 5. The Government is requested to indicate the manner in which the employers' and workers' organizations concerned have been consulted with respect to Deliberation No. 34/CP concerning general safety and health measures, in conformity with this Article of the Convention.

2. Article 9. The Committee notes that sections 93-95 of the Deliberation provide that enclosed areas at the workplace must be sufficiently lit to ensure workplace safety. The Government is requested to indicate the measures taken to ensure that, as far as possible, the workplaces are lit with natural light.

3. Article 10. The Government is requested to indicate the measures taken to ensure that a comfortable and steady temperature is maintained at the workplace.

4. Article 12. The Committee notes that section 5(1) of Deliberation No. 34/CP provides that a decree shall determine the general measures concerning, inter alia, the supply of wholesome drinking-water. The Government is requested to indicate whether any decree has been issued in this regard or any other measures taken or envisaged to ensure the supply of wholesome drinking-water at the workplaces covered by the Convention.

5. Article 14. The Committee notes that section 77 of the Deliberation provides that sufficient and suitable seats shall be provided for workers when the work is compatible with a sitting position or semi-sitting position. The Government is requested to indicate the measures taken to ensure that seats are made available to all workers covered by the Convention, regardless of whether the work is compatible with a sitting position, and that these workers are given reasonable opportunity to use them.

6. Article 16. The Government is requested to indicate the measures taken to ensure appropriate standards of hygiene for underground or windowless premises in establishments covered by the Convention under Article 1.

7. Article 18. The Committee notes with interest that section 90 of Deliberation No. 34/CP calls generally for measures to be taken to protect workers from the dangers of noise and that Decree No. 8015-T of 2 December 1991 for the protection of workers against the harmful effects of noise provides detailed protective measures. The Government is requested to indicate the measures taken to ensure that vibrations are also reduced as far as possible, in accordance with this Article of the Convention.

8. Article 19. The Government is requested to indicate the measures taken or envisaged to ensure that all workplaces covered by the Convention, having regard to size and possible risk, are equipped with first-aid cupboards, boxes or kits, dispensaries, or that dispensaries or first-aid posts are maintained at the workplace or jointly with other establishments, in accordance with this Article of the Convention.

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

The Committee notes the Government' indication in reply to its previous direct request that regulations (including a Congressional deliberation and two executive decrees) are presently being elaborated in order to give full effect to the Articles of the Convention, taking into account the Committee's previous comments. The Government has further indicated in its report that these regulations will come into force in the very near future. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

The Government is requested to indicate, in its next report, the progress made in this regard and to provide a copy of the text of the regulations as soon as they are adopted.

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

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

1. In its previous direct request, the Committee referred to the lack of any provisions to give effect to Article 3 (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 jeopardise his health or safety), Article 4 (that members shall take account of all the conditions in which the work is to be performed) and Article 6 (that suitable technical devices shall be used in order to limit or facilitate the manual transport of loads) of the Convention.

The Committee notes that, in its last report, the Government states that the measures adopted by the authority responsible for health and safety and working conditions have established regulations giving general effect to the Convention but that specific measures have not yet been adopted to avoid making the new labour legislation cumbersome, as it is already considerably more voluminous than the former legislation. According to the Government, it is clear that, two years after the entry into force of the above measures, the various general legislation already existing enabled the very rare concrete problems that arose to be solved satisfactorily.

The Committee wishes to stress the importance for the health of the workers concerned, of determining the maximum weight of loads and of taking into account factors such as topography, climate, distance, lifting and frequency.

In this connection, the Committee draws the Government's attention to the contents of Recommendation No. 128 concerning the maximum permissible weight to be carried by one worker. It also invites the Government to become acquainted with the brochure "Maximum weight in load lifting and carrying", Occupational Safety and Health Series, No. 59, International Labour Office, Geneva, 1988.

The Committee asks the Government to provide information on the application in practice of the provisions of the Convention referred to.

2. The Committee notes that there is no provision in the national legislation giving effect to Article 7 of the Convention (limitation of the assignment of women and young workers to manual transport of loads other than light loads; limitation of the maximum weight of loads to be transported by women and young workers, which must be substantially less than that permitted for adult male workers).

The Government indicates that the Orders provided for in section 5 of Decision No. 34 of 23 February 1989 are to be prepared in the near future after consultation with the social partners. The Committee hopes that the above Orders will be adopted shortly and asks the Government to provide information on developments in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee has taken note of the information supplied by the Government in its report. It has taken note of the resolutions of the Congress of the Territory of New Caledonia No. 33 of the 1.09.88, concerning methods of applying articles 47, 48 and 49 of Ordinance No. 85-1181 of 13.11.85, and No. 34 of 23.02.89 on general health and safety measures, section 2 of which gives effect to the provisions of Article 5 of the Convention (that workers assigned to manual transport of loads shall receive training in working techniques with a view to safeguarding health and preventing accidents). It also notes Decree No. 88-3395 stipulating the information to be included in the report required under article 18 of resolution No. 33 of 1.09.88 and Decree No. 88-634 fixing the maximum weights to be borne by cables, loading chains and cords made of natural and synthetic fibres used to carry out construction work, public works and all other work involving buildings.

2. The Committee has noted that the creation of committees on health, safety and working conditions, provided in resolution No. 33 of 1.09.88, can help to improve working conditions and protect the safety of the workers. None the less, it notes that the legislation attached to the Government's report contains no provision for specific measures designed to give effect to the following provisions of the Convention: Article 3 (that no adult worker of the male sex shall be required or permitted to engage in the manual transport of a load which by reason of its weight is likely to jeopardise his health or safety; Article 4 (that members shall take account of all the conditions in which the work is to be performed); and Article 6 (that suitable technical devices shall be used in order to limit or to facilitate the manual transport of loads).

3. Article 7. According to the provisions of section 5 (paragraphs 4 and 5) of resolution No. 34 of 23.02.89, decisions by the competent authority shall determine the types of work in which women and young workers under the age of 18 years may not be permitted or required to engage. The Committee would be grateful if the Government would indicate whether the manual transport of loads which, by reason of their weight, would be likely to jeopardise the health or safety of women and young workers is to be included in the above types of work, and what action has been taken or planned to give concrete form to the restrictions arising from Article 7 of the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes from the information supplied in the Government's report that Ordinance No. 82-1114 of 23 December 1982 has been abrogated by Ordinance No. 85-1181 of 13 November 1985 concerning principal directives of labour law. It further notes that Ordinance No. 85-1181 provides only very general provisions concerning health and safety. The Committee hopes that specific texts will be adopted in the very near future to ensure full applications of Articles 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of the Convention, and requests the Government to indicate the measures taken in this regard.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes, from the Government's replies to its direct request of 1984 and general observation of 1987 that no regulations have yet been prepared on the matters covered by the Convention in pursuance of Ordinance No. 85-1181 of 13 November 1985. Since pursuant to section 140 of the said Ordinance the regulations which previously gave partial effect to the Convention (Order No. 60-364/CG of 6 December 1960) are no longer in force, the Committee would stress the need to adopt new regulations to ensure the application of the Convention. In this respect, it recalls its previous comments, in which it indicated the measures to be taken in order to supplement the regulations previously in force, on the following points:

Article 2, paragraph 1, of the Convention. The new regulations should cover all activities involving the exposure of workers to ionising radiations.

Article 3, paragraph 1, and Article 6, paragraph 2. The new regulations should provide for the review in the light of current knowledge of the maximum permissible doses of ionising radiation fixed by Order No. 60-364 of 9 December 1960 and by any later regulations.

Article 7, paragraph 1(b). The new regulations should fix maximum doses and amounts in accordance with Article 6 of the Convention, for workers aged between 16 and 18 years.

Article 7, paragraph 2. The new regulations should prohibit the assignment of workers under the age of 16 to work involving ionising radiations.

Article 11. The new regulations should provide for the appropriate monitoring of workers in order to measure their exposure to ionising radiations. The Committee ventures to call the attention of the Government to Paragraphs 17 to 19 of the Radiation Protection Recommendation, 1960 (No. 114), which proposes a number of measures to be taken in this connection.

Article 13. The new regulations should contain provisions laying down the action to be taken in certain circumstances to be specified where the nature or degree of the exposure warrants it (for example in an emergency). This Article of the Convention does not cover the normal medical supervision of workers, which is the subject of Article 12, but the remedial measures, both medical and technical to be taken in the above-mentioned circumstances. With the exception of clause (b) (notification of the competent authority by the employer) the action called for by this Article does not seem to be prescribed by the present regulations.

The Committee expresses the hope that new regulations will be adopted in the near future, that they will give full effect to the various Articles of the Convention and that the Government will be able to communicate a copy of the regulations adopted with its next report.