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

Previous comments: C.62, C.115, C.139 and C.148

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work by women), 62 (safety provisions (building)), 115 (radiation protection), 139 (occupational cancer) and 148 (air pollution, noise and vibration) together.

A. Protection against specific risks

Application in practice of Conventions Nos 115, 139 and 148. The Committee notes that in its report under Convention No. 148, the Government indicates that emissions from petroleum-based substances can lead to cancer and during 2021–22, around 260 serious accidents were inspected by the directorates of the Ministry of Manpower in the governorates and reviewed by the Ministry’s Central Administration of Occupational Safety and Health and Securing the Working Environment for the requisite actions to be taken in this regard. The Committee requests the Government to provide information on the application in practice of the Convention Nos 115, 139 and 148 below, including the number of accidents and occupational diseases recorded, as well as the violations detected by the competent authority related to radiation exposure, occupational cancer and noise, vibration and pollution, the corrective measures ordered, and penalties imposed.

Radiation Protection Convention, 1960 (No. 115)

Article 6 of the Convention. Maximum permissible doses. General observation of 2015. The Committee notes the Government’s reference to Ministerial Order No. 211 of 2003 on safety thresholds, necessary conditions and requirements for countering biological, chemical, mechanical and physical hazards and for safeguarding the working environment. It observes that Ministerial Order No. 211 of 2003 does not provide for maximum permissible doses for ionizing radiation, and that its section 10 refers to Act No. 59 of 1960 on the regulation of work with ionizing radiation and protection against it in this regard. However, Act No. 59 of 1960 does not seem to remain in effect following the adoption of Act No. 7 of 2010 on the regulation of nuclear activities and ionizing radiation. The Committee notes that Act No. 7 of 2010 does not contain any provision relating to the maximum permissible doses and amounts of ionizing radiation. The Committee requests the Government to provide detailed information on the current maximum permissible doses of ionizing radiations to which workers may be exposed to. In this respect, it draws the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice. Following its previous comment, the Committee notes the adoption of Act No. 148 of 2019 on Social Insurance and Pensions and its executive regulation. The Committee requests the Government to provide information on any provisions giving effect to Article 14 of the Convention, which provides for the discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice.

Occupational Cancer Convention, 1974 (No. 139)

Article 2(2) of the Convention. Reduction of the number of workers exposed. Following its previous comment, the Committee notes the Government’s reference to section 211 of the Labour Code (No. 12 of 2003) and section 34 of Ministerial Order No. 211 of 2003, which provide the obligation of employers to take preventative and protective measures against chemical hazards, including carcinogenic materials. The Government also indicates that the Ministry of Manpower, represented by the Central Administration of Occupational Safety and Health, follows procedures and takes measures to reduce the number of workers exposed to carcinogenic materials, including through the inspection of establishments to detect hazards, carcinogenic materials or any occupational diseases. The Government indicates that if a problem is detected, environmental measurements are carried out The Committee notes the Government’s information which addresses its previous comment.

Article 4. Provision of information to workers. Following its previous comment, the Committee notes the Government’s reference to sections 211 and 217 of the Labour Code. Section 217(b) provides for the obligation of employers to inform workers, before their engagement in work, of the risks of the occupation, to provide the proper personal protection equipment and the necessary training to use it. Section 211(f) provides for the obligation of employers to train workers to handle hazardous chemical materials and carcinogenic substances, inform and make them aware of the associated hazards as well as the required methods of safety and protection. The Committee notes the Government’s indications, which address its previous comment.

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

Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. Following its previous comment, the Committee notes the Government’s reference to sections 233 and 234 of the Labour Code. The Government also indicates that the performance by the labour inspectors of their supervisory role necessarily requires coordination in many matters and inquiring with employers or their assigned deputies and workers about all issues that contributes to their ability to verify and identify data and information that will assist them in enforcing provisions of the Labour Code and related regulations. Moreover, according to the Manual of Procedures in Labour Inspection (Ministerial Order No. 130 of 2006), during inspection visits, inspectors are required to inform both parties on the production process and to guide and assist employers in the application of labour laws. The Committee notes the Government’s information which addresses its previous comment.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes that no new information is provided regarding the absence of legal provisions in this regard. The Committee requests the Government to take the necessary measures to ensure that full effect will be given to Article 6(2) of the Convention within the context of the revision of the Labour Code and to provide information on any progress made in this regard.

B . Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to adopt follow-up measures to actively promote ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee takes this opportunity to recall that, in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office with the aim of bringing both practice and applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and providing support for any consideration of ratification of these standards.

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Construction Convention, 1988 (No. 167), and to undertake a ratification campaign in respect of Convention No. 167. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area.

Article 3(a) of the Convention. Obligation to notify all persons concerned. With reference to the Committee’s previous request on Article 3(a), the Committee refers to its comments above under Article 4 of Convention No. 139 on the requirements related to the provision of information of workers.

Article 7(5) and (8). General rules concerning scaffolds. Following its previous comment, the Committee notes the Government’s reiterated reference to the ongoing process to amend Ministerial Order No. 211 of 2003, under which the provisions of the Convention will be taken into account. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to Article 7(5) and (8).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Emergency workers. In its previous comment, the Committee requested the Government to provide additional information on measures taken to optimize protection during accidents and emergency work. The Committee notes that in its report, the Government refers to, in addition to the Labour Code, the Ministerial Order No. 211 of 2003 which relates to the safety thresholds, necessary conditions and requirements to fend off biological, chemical, mechanical and physical hazards, and to safeguard the working environment. The Government indicates that section 10(6) of Ministerial Order No. 211 of 2003 specifies that the management of an undertaking shall be required to prepare an emergency plan to address radiation accidents during the operation usage, handling and storage of ionising sources which may expose workers and the environment to high levels of ionising pollution. A group of employees should be trained to implement the plan and carry out tests on its different elements. Under section 10(6), any person who is licensed to use or to keep ionizing substances shall notify the competent authority, as soon as an accident occurs, which may expose any person to a set of radiation beyond the permissible threshold, as soon as the accident occurs while indicating the details of the accident, and the causes which led to its occurrence.

In this respect, the Committee would like to draw the attention of the Government to paragraphs 17–23 and 36–37 of its 2015 general observation, where it indicates that individual exposure in emergency situations should be optimized, with appropriate boundaries of reference levels. Such reference levels should be selected to be within, or if possible below, the 20–100 mSv band. Measures are to be taken to ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv, except in certain specific and exceptional situations (described in paragraph 37 of the general observation). Response organizations (as defined in note No. 19 of the general observation, “a response organization is an organization designated or otherwise recognized by a State as being responsible for managing or implementing any aspect of an emergency response”) and employers should ensure that emergency workers who undertake actions in exceptional circumstances in which the doses received might exceed 50 mSv do so voluntarily, have been clearly and comprehensively informed in advance of the associated health risks, as well as of available measures for protection and safety and that they are, to the extent possible, trained in the actions they may be required to take. In light of the indications contained in the abovementioned paragraphs of its 2015 general observation, the Committee requests the Government to provide information on the boundaries of reference levels for the exposure of workers in emergency situations, as well as the exceptional circumstances and the conditions in which emergency workers might be subject to an exposure in excess of 50 mSv.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. With reference to its previous comments, the Committee notes the indication of the Government that pursuant to section 2 of the Social Security Act No. 135 of 2010, which entered into force on 1 January 2012, the provisions of the Social Insurance Act No. 79 of 1975 related to medical treatment and care have not been repealed and remain valid. In this regard, the Committee had previously noted that pursuant to Act No. 79, workers are entitled to alternative employment or maintenance of income in the event they have been diagnosed with an occupational disease. The Committee recalls that, in accordance with this Article of the Convention, the Government must take all the necessary measures to ensure that workers are not employed or do not continue to be employed in work that may expose them to ionizing radiation contrary to qualified medical advice, including before any occupational disease is diagnosed. In addition, paragraph 27 of the Radiation Protection Recommendation, 1960 (No. 114), provides that if, as the result of such medical advice, it is inadvisable to subject a worker to further exposure to ionising radiations in that worker's normal employment, every reasonable effort should be made to provide such a worker with suitable alternative employment. The Committee also draws the attention of the Government in this respect to paragraphs 27, 28 and 40 of its 2015 general observation. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers shall not be employed or continue to be employed in work liable to expose them to ionizing radiations, contrary to medical advice, even before any occupational disease is diagnosed. The Committee also invites the Government to supply information with regard to the efforts that should be made to provide such workers with suitable alternative employment.

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

Article 2(2) of the Convention. Reduction of the number of workers exposed. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure that the number of workers exposed to carcinogenic substances or agents are reduced to the minimum level compatible with safety. The Committee notes that the information provided by the Government in its report, concerning sections 217(b), 224(a) and 256 of the Labour Code (No. 12 of 2003) and section 36 of Ministerial Order No. 211 of 2003, does not reply to its request. In this respect, it draws the Government’s attention to the guidance contained in Paragraphs 2 to 4 of the Occupational Cancer Recommendation, 1974 (No. 147). The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to ensure that the number of workers exposed to carcinogenic substances or agents is reduced to the minimum compatible with safety.

Article 4. Provision of information to workers. With reference to its previous comments, the Committee notes the Government’s indication that it takes the necessary measures to make workers aware of the inherent dangers at work and provides them with the necessary information regarding the performance of their duties, the nature of the work and possible exposure to occupational diseases resulting from a specific occupation, in addition to methods of prevention. It also notes that the Government again refers to section 217 of the Labour Code under which occupational safety and health (OSH) inspectors inform workers of the risks of the occupation, and the need to use the specified means of protection. The Committee requests the Government to specify whether employers, as well as OSH inspectors, are required to provide information to workers who are likely to be exposed to carcinogenic substances or agents.

Application in practice. The Committee notes the Government’s indication that the Convention is applied through the periodic medical examination of workers who are exposed to occupational risks, as provided in the schedules relating to occupational diseases, occupational exposure and the frequency of medical examinations, and through the verification by occupational safety and health inspectors that such examinations are carried out. The Committee requests the Government to provide further information on the application in practice of the Convention, including relevant extracts from inspection reports.

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

Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. In its previous comments, the Committee noted that the Labour Code No. 12 of 2003, including Book 5 on occupational safety and health and work environment security, was in the process of being amended and that the amendments shall include the right for representatives of the employer and representatives of the workers of the undertaking to have the opportunity to accompany labour inspectors. In addition, noting that none of the provisions referred to by the Government regulate the situation where there are several employers undertaking activities simultaneously at one workplace, it requested the Government, in the context of this ongoing revision, to adopt the relevant measures to ensure that effect is given to Article 6(2). The Committee welcomes the information in the Government’s report that a new draft Labour Code was communicated to the ILO for comments and that this new draft will soon be submitted to the National Assembly. The Committee hopes that the revised Labour Code will give full effect to Articles 5(4) and 6(2) of the Convention, in light of its comments. It requests the Government to communicate the relevant amendments once they have been adopted.

Application in practice. The Committee once again requests the Government to provide information on the application in practice of the Convention including, for instance, extracts from labour inspection reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, and information on any practical difficulties in the application of the Convention.

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

Article 3(a) of the Convention. Obligation to notify all persons concerned. The Committee had previously noted that section 217(b) (Book 5) of Labour Code No. 12 of 2003 provides that the establishment and its branches shall undertake to inform workers, before they exercise their work, of the risks of their vocation and to compel them to use the determined means of protection, in addition to providing them with the proper personal protection tools and training them to use such tools. The Committee notes that the Labour Code provides for a general obligation of information of workers but does not provide for the obligation for employers to bring the laws or regulations, which ensure the application of Parts II to IV of the Convention, to the notice of all persons concerned, as required by Article 3(a) of the Convention. The Committee requests the Government to take measures to adopt provisions giving effect to Article 3(a). Noting that the Government is currently amending Ministerial Order No. 211 of 2003 on the conditions and precautions necessary for the prevention of physical, mechanical, biological, chemical and other harmful risks at the workplace, the Government could envisage to include these provisions in the framework of this review process.

Article 7(5) and (8). General rules concerning scaffolds. With reference to its previous comments where it noted the Government’s indication that account will be taken of these provisions in the context of the ongoing process to amend Ministerial Order No. 211 of 2003, the Committee notes that the Government once again indicates that the amendment process is currently under way. The Committee hopes that the Ministerial order will soon be revised and that it will give full effect to these Articles of the Convention. It requests the Government to provide information in this respect.

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

The Committee notes the information provided regarding effect given to Article 9 of the Convention.

Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. The Committee notes the information that by virtue of Ministerial Order No. 60 of 2011 a committee has been set up to committee was set up to amend the Labour Code No. 12 of 2003 so as to be in conformity with ratified international Conventions. This will include amendments to Book five which relates to provisions on occupational safety and health and securing the working environment and shall include the granting of this right to representatives of employers and workers. The Committee asks the Government to transmit the relevant amendments, once they have been adopted, ensuring that representatives of workers of the undertaking have the right to accompany inspectors in accordance with the terms of this provision of the Convention.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes the Government’s response in which reference is made to the provisions in section 204 of the Labour Code of 2003, Section 1 of Book two of Order No. 211 of 2003, Section 227 of Book six of the Labour Code and to Section 2 of Ministerial Order No. 134 of 2003, article 1(b), under Chapter two, Book one, of Order No. 211 of 2003 and wishes to draw the Government’s attention to the fact that none of these provisions regulate the situation where there are several employers undertaking activities simultaneously at one workplace, which occurs frequently at, for example, construction sites. To secure safety and health it is imperative that employers cooperate in such circumstances to ensure that there are clear lines of responsibilities. However, as specifically stated in this provision of the Convention, any such arrangements should not affect the responsibility of each employer for the safety and health of his or her employees. The Committee reiterates that the competent authority may prescribe general procedures for this cooperation. With reference to the ongoing revision of Book Five which relates to the provisions on occupational safety and health the Committee requests the Government to take relevant measures to ensure, in law and in practice, that effect is given to this provision.

Part IV of the report form. Application in practice. The Committee notes the brief information regarding the methodology used for examining the application of this Convention in practice. The Committee requests the Government to provide further information on the outcome of its efforts to monitor the application in practice of the Convention. Including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

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

With reference to its previous comments, the Committee welcomes the information that the Government is currently examining a possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176). The Committee asks the Government to keep the Office informed of any decision taken in this respect.

Plan of action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), (GB.307/10/2(Rev.)) (plan of action). The Committee would like to bring to the Government’s attention that under this plan of action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

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

The Committee notes the information provided concerning effect given to Articles 8 and 14 of the Convention. With reference to the communication received by the Federation of Egyptian Industries (FEI) on 30 August 2010, the Committee notes with interest that the Government is currently in the process of amending Ministerial Order No. 211 of 2003 on the conditions and precautions necessary for the prevention of physical, mechanical, biological, chemical and other harmful risks at the workplace and that, in this context, account will be taken of the Committee’s comments on the application of this Convention. The Committee requests the Government to submit a copy of the new legislation once it has been adopted.

Article 3(a) of the Convention. Obligation of the parties to the Convention. The Committee notes that the Government indicates that employers are required to train workers and inform them of the risks of the job before they begin their work and that documents informing a worker of such risks shall be kept in the workers’ file at the enterprise. The Committee requests the Government to provide further information on the relevant legislative provisions which give effect to this Article of the Convention.

Article 7(5) and (8). General rules as to scaffolds. The Committee notes that the Government indicates that account will be taken of these provisions in the context of the ongoing process to amend Ministerial Order No. 211 of 2003. The Committee requests the Government to provide further information on the relevant legislative provisions which give effect to these provisions of the Convention once they have been adopted.

Revision of Convention No. 62. In its previous comments, the Committee drew the Government’s attention to the invitation of the Governing Body to the State parties to Convention No. 62 to contemplate ratifying the Safety and Health in Construction Convention, 1988 (No. 167). The Committee requests the Government to provide information on any developments in this respect.

Plan of action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), (GB.307/10/2(Rev.)). The Committee would like to bring to the Government’s attention that under this plan of action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

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

Optimization of protection during accidents and emergency work. With reference to its previous comments the Committee notes that the most recent information provided by the Government relates to requirements in section 215 of the Labour Code to prepare emergency plans and in section 10(6) of Ministerial Order No. 211 of 2003 to prepare emergency plans for work involving ionizing radiation. As far as the Committee can determine, the information provided does not address the issue raised in its previous comments, namely, which measures have been taken concerning the optimization of protection during accidents and emergency work. As detailed in paragraph 35(c)(i) and (ii) of its 1992 general observation on the application of this Convention, the Committee recommends that governments take certain measures which on the one hand would include, inter alia, a review of existing authorizations for the use of specific practices or equipment of a kind which has been found unsafe in any one workplace, and on the other, relate to measures that can be taken in the planning and design stage of installations and enterprises. As regards the latter, the Committee recommends that the objective to minimize the risks of accidents and consequential exposure to ionising radiations should be taken into account in the planning and design stage of workplaces and equipment and that the emergency planning for intervention in any accidents or other emergencies should rely, as far as technically feasible, on advance development and/or acquisition of effective robotized equipment or other techniques avoiding human exposure to ionising radiations, and training in the use of such techniques. The Committee requests the Government to provide additional information on measures taken to optimize protection during accidents and emergency work referred to in paragraph 35(c)(i) and (ii) of its 1992 General Observation on the application of this Convention.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the communication received by the Federation of Egyptian Industries on 30 August 2010 and the Government’s reply on 14 October 2010, with regard to section 108 of the Social Insurance Act No. 79 of 1975, whereby the Social Insurance Act is and will remain in force until the new Act enters into force on 1 January 2012. With reference to its previous comments, the Committee notes the information that, according to the Social Insurance Act No. 79 of 1975, workers are entitled to alternative employment or maintenance of income in the event they have been diagnosed with an occupational disease. The Committee would like to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention, which relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to ionizing radiations has been found to be medically inadvisable. In these cases, paragraph 32 provides 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. The Committee requests the Government to provide copies of the new legislation and further information on measures taken to ensure that workers are offered alternative employment or to maintain their income when it has been determined that it is medically inadvisable for them to continue their work.

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

The Committee notes the Government’s response on the application of Article 5 of the Convention in regard to the obligation on employers under section 219(C) of Labour Code No. 12 of 2003 to carry out periodical medical examinations of all the workers in their workplace and that, in accordance with table No. 1 of the Social Insurance Act No. 79 of 1975, the frequency of such medical examinations is governed by the type of exposure to which a worker is subjected. The Committee would be grateful if the Government could provide further information on the kind of examinations provided. 

Article 2(2) of the Convention. Reduction of limits of exposure. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide information in its next report on the measures taken or envisaged to ensure that the number of workers exposed to carcinogenic substances or agents are reduced to the minimum level compatible with safety.

Article 4. Provision of information to workers. With reference to its previous comments the Committee notes the Government’s response indicating that occupational safety and health inspectors monitor the application of the provisions of the Code including section 217(B) of Labour Code No. 12 of 2003. Accordingly, the inspectors verify that training of workers is done on a sound basis for the performance of their occupation, and informs them of the risks of the occupation, and the need to use the specified means of protection. Noting this information, the Committee requests the Government to provide further information on whether compliance with this provision rests solely on the labour inspectors or whether measures have been taken to ensure that employers are also required to provide workers, who are likely to be exposed to carcinogenic substances or agents, with all available information on the dangers involved and on the measures to be taken. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that the workers are provided with all available information on the dangers involved and on the measures to be taken.

Part IV of the report form. Application of the Convention in practice. With reference to its previous comments the Committee requests the Government to provide any up-to-date information, if possible, on the practical application of the provisions of the Convention, including extracts from inspection reports, statistical data, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, and the number, nature and causes of cases of disease.

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

The Committee notes with interest the Government’s reply in regards to the conformity of national legislation with Article 8(3) of the Convention through the application of safety thresholds and levels for exposure to noise, vibrations and air pollution under tables Nos 1, 2, 10 and 15 of Ministerial Order No. 211 of 2003 respectively. The Committee further notes that the Government is currently in the process of upgrading Ministerial Order No. 211 of 2003 so as to take account of measures necessary to periodically review and complete the aforementioned tables. The Committee asks the Government to keep the Office informed of any further developments in relation to this.

Article 5(4) of the Convention. Opportunity for representatives of the employer and of the workers of the undertaking to accompany labour inspectors. The Committee notes the Government’s response that there is nothing in the national legislation that would hinder representatives of employers and workers from accompanying labour inspectors during their inspections. With reference to the terms of the Convention, the Committee would like to clarify that the provisions of Article 5(4) require that representatives of employers and workers should have the right to accompany labour inspectors during inspections, unless the inspectors consider, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee asks the Government once again to provide further information on the measures taken or envisaged to ensure that, in law and in practice, representatives of the employer and of the workers of the undertaking have the right to accompany inspectors in accordance with the terms of this provision of the Convention.

Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes the Government’s response in which reference is made to section 1(b), under Chapter two, Book one, of Order No. 211 of 2003, which imposes a responsibility on employers regarding occupational safety and health. With reference to the provisions of the Convention, the Committee would like to clarify that the requirement under Article 6(2) refers to the specific situation where there are several employers at one worksite and that in such a case they shall have the duty to collaborate in order to comply with the prescribed provisions, without prejudice to the responsibility of each employer for the health and safety of their employees. The Committee also notes that the competent authority may prescribe general procedures for this cooperation. The Committee reiterates its request that the Government provide further information on how effect is given to this Article, in law and in practice. The Committee also requests the Government to indicate whether the competent authority has prescribed or envisages prescribing general procedures for this cooperation.

Article 9. Eradication of hazards due to air pollution, noise and vibration. With reference to its previous comment, the Committee notes the Government’s response that the required specifications in national law and practice are industry specific. For further guidance on the application of this provision, please refer to paragraphs 443–509 of the 1987 General Survey Safety in the working environment (available at http://ilo.org/ilolex/english/iloquery.htm). The Committee reiterates its request that the Government provide further information on how effect is given to this Article, in law and in practice.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of occupational accidents and diseases reported, etc. and information on any practical difficulties in the application of the Convention.

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

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

1. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of Decree No. 211/2003 on the conditions and precautions necessary for the prevention of physical, mechanical, biological, chemical and other harmful risks at the workplace, in application of section 213 of the Labour Code, which give effect to Article 7, paragraphs 1 to 4 and 6 to 7, and Article 15, paragraphs 2 and 3, of the Convention.

2. Article 3(a) of the Convention. Obligation of the parties to the Convention. The Committee notes the Government’s response to its previous comments indicating that section 217 of the Labour Code gives effect to Article 3(a) of the Convention. It notes that section 217 of the Labour Code obliges the enterprise and its branches to inform the worker of risks inherent in her/his occupation before she/he begins work. The Committee recalls that Article 3(a) of the Convention requires employers to bring to the notice of all persons concerned, in a manner approved by the competent authority, the laws or regulations for ensuring the application of the general rules set forth in Parts II to IV of the Convention and to the model safety regulations attached to the Safety Provisions (Building) Recommendation, 1937 (No. 53), which supplements the Convention. The Committee again requests the Government to indicate the measures taken or envisaged to ensure application of the Convention on this point, for example by requiring that the text of provisions intended to ensure application of Parts II to IV of the Convention and the aforementioned model regulation are displayed on noticeboards placed in building enterprises.

3. Article 7, paragraphs 5 and 8. General rules as to scaffolds. The Committee notes that section 15 of Decree No. 211/2003 does not cover paragraphs 5 and 8 of Article 7, according to which scaffolds shall not be overloaded and, so far as practicable, the load shall be evenly distributed and that, before allowing a scaffold to be used by her/his workmen, every employer shall, whether the scaffold has been erected by her/his workmen or not, take steps to ensure that it complies fully with the requirements of this Article. The Committee requests the Government to indicate the measures taken or envisaged to give effect to paragraphs 5 and 8 of Article 7 of the Convention.

4. Article 8. Working platforms, gangways and stairways. The Committee notes that the provisions of Decree No. 211/2003 do not give effect to Article 8 of the Convention, contrary to the indications in the Government’s report. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

5. Article 14, paragraph 3. General provisions as to hoisting machines. The Committee notes that the provisions of Decree No. 211/2003 do not cover this paragraph, contrary to the indications in the Government’s report. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

6. Revision of Convention No. 62. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could thus be more appropriate for the current situation in the building sector. It also recalls that the Governing Body of the International Labour Office invited States parties to Convention No. 62 to contemplate ratifying Convention No. 167 which shall, ipso jure, involve the immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to communicate information on any follow-up given to this suggestion.

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

1. Further to its observation, the Committee notes the Ministry of Health Decree No. 470/1971 on air pollution standards in industrial establishments and associated units, Act No. 453/1954 on industrial, commercial and other establishments, and Act No. 371/1956 on public establishments which the Government has supplied further to previous requests.

2. Article 5(4) of the Convention. Opportunity for representatives of the employers and workers of the undertaking to accompany labour inspectors. The Committee notes the Government’s statement that sections 234 and 235 of Labour Code No. 12/2003 provide that employers or their representatives are required to expedite the work of those who are responsible for implementing the provisions and decrees of the Code. The Committee recalls that this Article of the Convention provides that representatives of the employers and workers must have the right to accompany labour inspectors during their inspection, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee reiterates its request to the Government to indicate whether the representatives of employers and workers have the right to accompany labour inspectors on their inspections and whether they can insist on this right if their request is refused by the inspectors.

3. Article 6(2). Duty of employers undertaking activities simultaneously at one workplace to collaborate. The Committee notes the Government’s statement that the provisions of the Labour Code do not provide any requirement for employers undertaking activities at one workplace to collaborate in order to comply with safety measures ensuring better coordination on safety and health at work. The Committee recalls that, under this Article, employers undertaking activities simultaneously at one workplace have the duty to collaborate in order to ensure that the measures prescribed in the Convention are complied with. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that whenever two or more employers undertake activities simultaneously at one workplace, they have the duty to collaborate with the prescribed measures.

4. Article 8(3). Procedures by which criteria and exposure limits are established and regularly revised. Further to its previous comments, the Committee notes that the Government indicates that a committee on safety and health at work is established in each enterprise to examine working conditions, causes of accidents, occupational illness and prevention measures. The Committee recalls that Article 8(3) requires that criteria and exposure limits for air pollution, noise and vibrations at the workplace shall be established, supplemented and revised regularly in the light of current national and international knowledge and data, taking into account any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace. The Committee requests the Government to provide information on the exposure limits established by the competent authority for hazards of exposure to air pollution, noise and vibration and the measures taken to supplement and revise them regularly.

5. Article 9. Eradication of hazards due to air pollution, noise and vibration. The Committee notes that sections 204-207 of the Labour Code stipulate that, at the time of selecting the workplaces and enterprise for which permits are delivered, the requirements of environmental protection in accordance with provisions laid down to that end must be taken into account. It notes that a central commission shall be set up at the Ministry of Industry for the purpose of laying down the standards and requirements on the basis of which permits shall be issued to enterprises. The Committee requests the Government to provide information on the conditions laid down or specifications adopted in regard to the technical measures applied to new plants or new processes when they are designed or installed with a view to eradicating, as far as possible, any risks due to air pollution, noise and vibration. It also requests the Government to provide information on the practical application of the Convention in practice and to give information on relevant labour inspection.

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

1. The Committee notes the information contained in the Government’s report, as well as the replies to its previous direct requests made in 2000 and 2005. It notes with interest the adoption of a new Labour Code No. 12/2003, and of Decree No. 211/2003 on the required conditions and precautions for the prevention of physical, mechanical, biological, chemical and harmful risks in the working environment in application of section 213 of the Labour Code.

2. Article 8, paragraph 1, of the Convention. Establishment of criteria and exposure limits to air pollution, noise and vibration in the working environment. Further to its previous comments, the Committee notes with satisfaction that sections 8 and 9 of Decree No. 211/2003 give effect to Article 8, paragraph 1, of the Convention.

3. The Committee is addressing a request on certain matters directly to the Government.

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

1. The Committee notes the Government’s report, which indicates that Act No. 12 of 2003 and Act No. 27 of 1981, give effect to the provisions of the Convention. The Committee also notes that by virtue of Act No. 12 of 2003, Ministerial Order No. 155 of 2003, determining the tasks in which the employment of women is prohibited, was promulgated. It further notes that Ministerial Order No. 155 of 2003, prohibits the employment of women underground in mines and quarries and more generally, in all work relating to mineral and stone extraction and that no exceptions may be made in this regard.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.

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

1. The Committee notes the detailed report of the Government and the laws appended to the report. It notes however that the Government has not provided any information in respect of the previous comments of the Committee concerning the scope of emergency work and the question of alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee therefore requests the Government to provide information on these two issues. The Committee proposes to examine the report of the Government, together with the information that the Government provides in respect of these issues, at its next session.

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

1. The Committee takes note of the Government’s report and the information supplied in response to its previous comments. It notes with interest the adoption of Labour Code No. 12 of 2003, Ministerial Order No. 211 of 2003 that identifies the carcinogenic substances to which the exposure of workers should be limited and Ministerial Order No. 180 of 2003 relating to the provision of medical care for workers.

2. Article 2, paragraph 2, of the Convention.  Reduction of limits of exposure. The Committee notes the indication of the Government that section 211(A) of Labour Code No. 12 of 2003 requires that the exposure of workers to carcinogenic materials should not be in excess of the maximum levels permitted and that Ministerial Order No. 211 of 2003 prescribes the duration and degree of such exposure. Recalling that Article 2, paragraph 2, of the Convention also requires the number of workers exposed to carcinogenic substances or agents to be reduced to the minimum compatible with safety, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the number of workers exposed to carcinogenic substances or agents is reduced to the minimum compatible with safety.

3. Article 4. Provision of information to workers. The Committee notes the indication of the Government that section 217(B) of Labour Code No. 12 of 2003 and section 36 of Ministerial Order No. 211 of 2003 give effect to Article 4 of the Convention. The Committee notes that section 217(B) is of a general nature and requires that workers be informed of possible risks related to the work in question. It also notes the indication of the Government that section 36 of Ministerial Order No. 211 of 2003 requires workers to be notified through written or oral instructions, of hazards that may result from the use of chemical substances at work and also requires them to be trained on the means of protection against these hazards. The Committee requests the Government to indicate the measures taken in practice to give effect to the requirements of these provisions so as to ensure that the workers concerned are informed in a complete and comprehensive manner about the dangers inherent in work involving exposure to carcinogenic substances or agents and on the protective measures that should be taken.

4. Article 5. Medical examination of workers. The Committee notes that section 219(C) of Labour Code No. 12 of 2003 requires employers to coordinate with the Health Insurance Authority for carrying out the periodical medical examination of all the workers of the establishment and a medical examination at the end of their service. It also notes the indication of the Government that Ministerial Order No. 180 of 2003, Social Insurance Act No. 79 of 1975 and Ministerial Order No. 218 of 1977 give effect to the requirements of Article 5 of the Convention. The Committee requests the Government to clarify whether in practice all workers exposed to carcinogenic substances or agents are entitled to periodic medical examinations by virtue of these laws. It also requests the Government to provide information on the frequency of such examinations and the kind of examinations provided.

5. Part IV of the report form. Practical application of the Convention. The Committee notes the indication of the Government that 27 departments, 178 occupational health and safety offices and 1,000 inspectors are involved in the application of the provisions of the Convention. It also takes note of the half-yearly bulletin on industrial safety statistics published in June 2003. The Committee requests the Government to continue to provide information, disaggregated by sex, if possible, on the practical application of the provisions of the Convention.

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

With reference to its observation, the Committee requests the Government to indicate the measures which have been taken to give effect to the following provisions of the Convention.

1. Article 3, paragraph 1, of the Convention. In its previous comments, Committee noted that the national regulations contain on provision requiring employers to bring to the notice of all persons concerned - in a manner approved by the competent authority - the laws or regulations ensuring the application of Parts II to IV of the Convention and of the model code annexed to the Safety Provisions (Building) Recommendation, 1937 (No. 53), which supplements the Convention. It notes that Part III on ensuring labour environment security of the new Labour Code only provides for measures aiming at generally ensuring safety and health at work. The Committee urges the Government to take in the near future the necessary measures to give full effect in law and in practice to this abovementioned Article of the Convention.

2. The Committee refers to its previous comments concerning Article 7 (the construction of suitable scaffolds by competent workers under the supervision of a competent and responsible person, of sound material and so constructed that no part thereof can be displaced in consequence of normal use; the periodic inspection of scaffolds and the prohibition of overloading; ensuring the strength and stability of scaffolds before authorizing their use by workers and before installing lifting gear), Article 8, paragraphs 1(a) and 2(a) (the construction of working platforms, gangways and stairways which are closely bordered and so constructed that no part thereof can sag unduly or unequally), Article 14, paragraph 3 (clear indication of the safe working load of a hoisting machine having a variable safe working load), and Article 15, paragraphs 2 and 3 (adequate precautions to reduce to a minimum the risk of the accidental descent of the load and of any part of a suspended load becoming accidentally displaced). The Committee recalls that it had expressed the hope that the revision of labour legislation would lead to the adoption of texts that would give full effect to these provisions of the Convention. The Committee therefore hopes that, as provided in article 213 of the Labour Code, the concerned minister shall issue a decree establishing safety standards and the necessary conditions and precautions to prevent the risks defined in the Labour Code. The Committee hopes that this decree will be adopted in the near future and will contain the necessary provisions to give effect to the provisions of the Convention referred to in this paragraph.

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

The Committee notes with interest the adoption in 2003 of a Labour Code which contains provisions aiming at ensuring the safety in the building industry (article 209, paragraph B). It also notes that although the new Labour Code contains only general provisions on this subject, it provides in its article 213 that "The concerned minister shall issue a decree indicating the limits of safety and the necessary conditions and precautions for preventing the risks defined in articles [… 209 …] of the present Law, after consulting the view of the concerned authorities." The Committee hopes that, as provided in article 213 of the Labour Code, the concerned minister shall in the near future issue a decree including provisions regarding scaffolds, hoisting appliances and the information of the persons concerned, as provided for in Articles 3(a), 7, 8, paragraphs 1(a) and 2(a), 14, paragraph 3, and 15, paragraphs 2 and 3, of the Convention.

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

The Committee notes the information provided by the Government in response to its previous comments. It draws the Government’s attention to the following points.

1. Article 1 of the Convention. The Committee notes the Government’s indication that the new Labour Code No. 12 of 2003 has been promulgated and that the procedures for its implementation are under preparation, including the amendment of Order No. 55 of 1983 on the protective measures to ensure safety and health in the workplace and the level of exposure to pollutants, taking into consideration the technological development and the extent of exposure to pollutants. The Committee takes due note of this information and requests the Government to supply a copy of the 2003 Labour Code for further examinations. It hopes that the revision work of Order No. 55 of 1983, which has been announced since 1988, will be completed in the near future. The Committee requests the Government to communicate a copy of the amended order once it has been adopted for in-depth examination. The Committee further requests the Government to indicate whether codes of practice or guides exist which are used to determine carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control.

2. Article 2, paragraph 2. With regard to the reduction of the number of workers exposed to carcinogenic substances or agents as well as the reduction of the duration and degree of such exposure, the Committee notes the Government’s indication that all orders designed to give effect to the provisions of the new Labour Code are currently being amended. The Committee hopes that the amendments to the respective orders will be adopted soon, in order to give effect to this provision of the Convention on which the Committee had made comments for a number of years.

3. Article 4. With regard to the information to be provided to workers on the dangers inherent in the exposure to carcinogenic substances or agents and on the measures to be taken, the Government indicates that the orders to implement the provisions of the new Labour Code, 2003, are presently being prepared, and that a document on safety on the utilization of dangerous products shall be included in the amendments being envisaged. The Committee accordingly hopes that the amendments to the orders will be adopted soon to ensure that the workers concerned are informed in a complete and comprehensive manner about the dangers involved in their exposure to carcinogenic substances or agents and on the measures to be taken.

4. Article 5. The Committee notes the Government’s indication that section 219 of the new Labour Code, 2003, obliges all undertakings to provide medical examinations to all their workers. The Committee, although it was not in a position to examine the new Labour Code of 2003, would consider that section 219 of the Labour Code, 2003, is drafted in too general terms to give full effect to this Article of the Convention. It recalls that under this Article of the Convention, measures must be taken to ensure that workers, both during and after the period of their employment, are provided with the medical or biological examinations or other tests or investigations needed to evaluate their level of exposure and monitor their state of health with regard to the occupational hazards, in response to the common situation in which cancer is diagnosed only after the worker concerned has left the employment in which he or she suffered exposure. The Committee therefore requests the Government to review the respective provisions of the Labour Code 2003 in the light of these explanations, and to take the appropriate measures, if necessary.

5. Part IV of the report form. In the absence of any information contained in the Government’s report, the Committee again requests the Government to provide detailed information on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of diseases, etc.

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

With reference to its previous comments, the Committee draws the Government’s attention to the following points.

1. Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. With regard to the need to review maximum permissible doses of ionizing radiations presently in force in the light of current knowledge, the Committee notes the Government’s indication that, to this effect, agreement has been reached on using the new physiological findings by the International Commission on Radiological Protection (ICRP) (Publication No. 60) so as to ensure effective protection of workers against ionizing radiations. The Government further indicates that a committee composed of experts of the International Atomic Energy Agency and the Ministry of Health was set up to integrate the above findings into Law No. 59 of 1960, concerning the regulation of work with ionizing radiations and protection against its hazards within the framework of its revision. However, the work on these amendments has not been finalized yet. In this context, the Committee states that the Government had indicated already in its report of 1994 that a commission was examining the provisions of Act No. 59 of 1960 to decide to what extent certain provisions could be amended in the light of the new findings of the ICRP. The Committee accordingly trusts that the above committee will finalize its work in the near future so that the necessary amendments to Act No. 59 could be adopted in order to ensure effective protection of workers as regards their health and safety against ionizing radiations, in application of Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. The Committee further notes the Government’s indication that a technical committee was set up under the auspices of the Ministry of Health, which has made the necessary amendments to Ministerial Order No. 55 of 1983, respecting the occupational safety and health conditions, which were needed to comply with the requirements set forth in the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources, adopted in 1994 and developed under the auspices of the IAEA, ILO, WHO and three other international organizations, reflecting the most recent findings with regard to protection against the hazards arising out of exposure to ionizing radiations. In view of this information, the Committee understands that Ministerial Order No. 55 of 1983, which seems to regulate general aspects of occupational safety and health, has been amended to include provisions concerning radiation protection. It also notes that Act No. 59 of 1960, which governs specifically the regulation of work with ionizing radiations and protection against its hazards, is being amended. The Government is therefore asked to explain the interaction and complementarity of Act No. 59 of 1960 and Order No. 55 of 1983, including their amendments. The Committee also requests the Government to supply a copy of Ministerial Order No. 55 of 1983, as amended, in order to enable the Committee to determine the extent to which the requirements of the Convention would be met.

2. Scope of emergency work. With regard to the optimization of workers’ protection during accidents and emergency work and, in particular, with regard to authorizations previously granted for the use of specific practices and equipment of a kind which has been found unsafe, the Committee notes the Government’s indication that the technical committee referred to above has proposed amendments to the Labour Code, Act No. 137 of 1981, as amended, concerning the protection against ionizing radiations, as well as to Ministerial Order No. 55 of 1983. In this context, the Government indicates that authorizations granted to carry out the above operations are currently being reviewed to verify that the workplaces and the qualifications of the individuals working therein comply with the conditions under which an authorization has been issued. Furthermore, in cases of violation of the conditions under which the authorization has been issued, the work is suspended temporarily so as to monitor the undertaking in question. Legal proceedings can then be instituted against the undertaking. Moreover, the competent authority for issuing the authorizations is informed to take the necessary measures for withdrawing such authorizations as well as to adopt subsequent preventive measures to stop their misuse. The Committee takes due note of this information. It will comment in detail after having examined the amendments to the Labour Code and Ministerial Order No. 55 of 1983, once they have been adopted and published.

3. The provision of alternative employment. With regard to measures to be taken to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age, the Government indicates that due account has been taken of this issue within the framework of the amendments made to Ministerial Order No. 55 of 1983. The Committee therefore requests a copy of the Ministerial Order, as amended, for further examination in order to be in a position to determine to what extent this article of the Convention is applied.

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

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

Article 1 of the Convention. The Committee notes the Government’s indication that the new law amending the Labour Code has not been adopted yet and that Order No. 55 of 1983, on the protective measures to ensure safety and health in the workplace and the level of exposure to pollutants, is currently being amended, in accordance with the most recent data, information, studies and standards issued in this regard. The Committee states that the Government announces since 1986, that it will adopt a new Labour Code and, since 1988, the revision of Order No. 55 is announced in order to apply Article 1 of the Convention. The Committee reiterates its firm hope that the indicated revisions will be finished in the near future. The Committee further requests the Government to provide information about the codes of practice or guides which are used to determine carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the Convention shall apply.

Article 2, paragraph 2. The Committee notes the Government’s indication that the relevant labour standards dealing with the reduction of the number of workers exposed to chemical hazards, as well as the reduction of the duration and degree of exposure, were taken into account when some sections of the draft amendment of Order No. 55 have been elaborated. The Committee notes that the Government has been indicating in each of its reports, since 1986, that Order No. 28 of 1982, promulgated pursuant to section 134 of the Labour Code (No. 137 of 1981), providing for the adoption of ministerial orders to reduce the hours of work of certain categories of workers and in arduous work, will be amended with a view to the inclusion of certain activities involving exposure to carcinogenic substances, in the schedule of dangerous and hazardous activities. The Committee notes that according to the Government’s information, the aforementioned Order has not yet been amended. The Committee, therefore, reiterates the hope that the Government will adopt the amendments to the aforementioned orders in the near future and requests it to supply copies of them once they have been adopted.

Article 3. The Committee notes with interest Order No. 36 of 1982 issued by the Minister of Manpower and Migration, on the statistical forms on dangerous accidents, injuries and diseases. The Committee notes that this Order establishes the supervision of accidents and occupational diseases for undertakings or branches by imposing the obligation on the employer to report the occurrence of accidents and occupational diseases. The Committee notes that while section 2 of the aforementioned Order merely obliges enterprises to notify the competent industrial safety office of the occurrence of accidents and occupational diseases, section 4 requires that enterprises employing more than 50 workers must submit statistics on accidents and occupational diseases to the competent industrial safety office. The Committee therefore requests the Government to indicate whether consolidated statistics are compiled by the Government, containing data on accidents and occupational diseases. If that is the case, the Government is requested to indicate if on this basis the Government establishes a system of records concerning occupational cancer-related diseases.

Article 4. The Committee notes the Government’s information that Order No. 56 which, according to the Government, will amend Order No. 55, is being elaborated, taking into account the previous observation of the Committee, pointing out that the information of general character that must be supplied to the workers in application of section 117 of the Labour Code does not meet the requirements of Article 4 of the Convention. The Committee also notes the information supplied by the Government that the new Order will be communicated to the Committee upon its adoption. The Committee recalls that Article 4 of the Convention calls for information to be provided to the workers on the dangers involved and on the measures to be taken, in relation to the exposure to carcinogenic substances or agents. The Committee therefore requests the Government, once again, to take the necessary measures to give effect to this Article of the Convention.

Article 5. The Committee notes the Government’s declaration that observance of Article 5 shall be made with respect to the medical examinations of all workers exposed to carcinogenic substances or agents after their employment. The Committee recalls that each Member which ratifies this Convention shall take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee therefore urges the Government to take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Part IV of the report form. The Committee requests the Government to provide detailed information on the manner in which the Convention is applied in Egypt, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease, etc.

[The Government is requested to report in detail in 2003.]

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

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

1.  Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.  In its 1992 direct request, the Committee drew the attention of the Government on the need to review maximum permissible doses of ionizing radiations in the light of new physiological findings by the ICRP (Publication No. 60) to ensure effective protection of workers against ionizing radiations. The Committee notes the Government's indication in its latest report that the Commission that was set up to examine proposed amendments to Act No. 59, 1960, concerning regulation of work with ionizing radiation and protection against its hazards, is currently examining the provisions of the Act to decide to what extent certain provisions could be amended in the light of the new findings of the ICRP. The Committee takes note of the Government's assurance that it will provide the text of the amended provisions as soon as they are adopted.

2.  Scope of emergency work.  The Committee notes the information supplied by the Government that no provision in Egyptian legislation allows for exceptions from the normally tolerated dose limits in cases of emergencies and abnormal situations, and that Act No. 59 (1960) applies to all workers exposed to ionizing radiations. In its 1992 direct request, the Committee requested the Government to report on any further measures taken in relation to the matters raised in paragraph 35(c) of the general observation. The Committee notes from the Government's report that no information was made available in respect of subparagraphs (i) and (ii) of paragraph 35(c), which relate to suspension of authorizations granted for use of specific equipment or practices which have been found unsafe; and the use of or investment in robotized equipment and/or other alternative techniques to avoid unnecessary human exposure to ionizing radiations during an emergency. It would, therefore, request the Government to provide this information in its next report.

3.  The provision of alternative employment.  Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, the Committee again requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age.

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

1.  Article 1, paragraphs 1 and 3, of the Convention.  For many years the Committee noted the Government’s indication that it intended to take into consideration the Committee’s comments in the revision of the Labour Code (Act No. 137 of 1981) and of Orders No. 55 of 1983, and No. 28 of 1982, and that a review of carcinogenic substances and of asbestos was under way. The Committee notes the Government’s indication in its report that the new Labour Code has not yet been published, but that Order No. 55 of 1983, on the protective measures to ensure safety and health in the workplace and the level of exposure to pollutants is currently being prepared and is undergoing final revision before being submitted to the competent state body. Moreover, new chemical substances have been added to the schedule annexed to Order No. 55 of 1983, including a number of carcinogenic substances. The Committee reiterates its hope that the Government will soon be able to report the adoption of the new Labour Code, as well as the revision 6 of Order No. 55 of 1983, with a view to ensuring the application of Article 1, paragraphs 1 and 3, of the Convention.

2.  Article 2, paragraph 2.  The Committee notes the Government’s indication to the effect that the draft amendment to Order No. 55 of 1983, will incorporate measures which aim to reduce the number of workers exposed to chemical hazards, as well as the duration and degree of exposure. The Committee hopes that the draft amendment to Order No. 55 of 1983, will be adopted in the near future and will contain provisions requiring specific measures to be taken with a view to reducing the number of workers exposed, in conformity with Article 2, paragraph 2, of the Convention. With regard to the duration of exposure to carcinogenic substances or agents, the Government has indicated in its reports since 1986, that Order No. 28 of 1982, promulgated pursuant to section 134 of the Labour Code, which provides for the adoption of ministerial orders to reduce the hours of work of certain classes of workers and in arduous work, is being amended with a view to the inclusion of certain activities, involving exposure to carcinogenic substances, in the schedule of dangerous and hazardous activities. The Committee accordingly hopes that the Government will amend the existing Order in the near future in order to bring it into conformity with this Article of the Convention. It requests the Government to supply copies of the revised Orders once they have been adopted.

3.  Article 3.  In its previous comment, the Committee noted the Government’s indication that Order No. 36 of 1986, establishes the reporting procedure for the data on occupational diseases, accidents, injuries, ordinary and chronic diseases and cases of exposure to carcinogenic substances which occur at the workplace, in establishments with at least 15 workers, which is to be reported on forms to be filled in under the supervision of the establishment’s physician. The Committee had recalled that this Article of the Convention provides for measures to protect workers against the risk of exposure and for an appropriate system of records; such a system is not limited to workers already suffering from an occupational disease, nor is it limited to establishments employing a certain number of workers, since the Convention applies to all workers who might be exposed in the course of their work. The Committee notes that the Government’s report does not contain a reply in this regard. The Committee therefore reiterates its request and asks the Government to indicate the measures taken for the establishment of an appropriate system of records for the workers concerned.

It also asks the Government to supply a copy of the abovementioned Order No. 36 of 1986.

4.  Article 4.  The Committee notes that section 117 of the Labour Code, Act No. 137 of 1981, provides that the employer shall inform a worker, before his appointment, of dangers related to the non-observance of the protection measures prescribed for his job and shall provide all personal protection measures, including training on their correct use. The Government further indicates that the General Health Insurance Agency notifies the results of the periodic medical examinations, like they are also notified by the Occupational Safety and Health Office, responsible for inspections of enterprises, which are carried out through workers’ representatives who are members of the Occupational Safety and Health Committee at undertakings during the review of the results at their monthly meetings. The Committee wishes to point out that the information of general character that must be supplied to the workers in application of section 117 of the Labour Code, although important, does not meet the requirements of Article 4 of the Convention. It recalls that Article 4 of the Convention calls for information to be provided to the workers on the dangers involved and on the measures to be taken in relation to the exposure to carcinogenic substances or agents. The Committee therefore asks the Government to indicate the steps taken to provide information to the workers on the dangers involved in the exposure to carcinogenic substances and on the measures to be taken in this respect.

5.  Article 5.  The Committee notes that section 122, subsection 1, of the Labour Code of 1981, establishes the employer’s obligation to carry out periodical medical inspections on workers affected by any of the occupational diseases with a view to keeping them permanently fit and to identifying any diseases at their preliminary stages. According to subsection 2, "such an inspection shall be carried out by the General Health Insurance Agency in return for the fees stipulated in the Social Insurance Law and which shall be at the expense of the firm". The Committee further notes the Government’s indication that Order No. 218 of 1977, issued by the Minister of Social Security, specifies that the periodicity of medical examinations for workers exposed to this kind of hazard is either every six months or every one or two years. The Government also explains that the departments responsible for these periodic medical examinations within the units of the General Health Insurance Agency formulate the rules and plans for carrying out such medical examinations, in accordance with international standards and the level of professional exposure. The Committee notes that the Government again refers to section 67 of the Social Security Law No. 79 of 1975, concerning insurance against employment injuries, which provides for continued medical treatment for one year after the employment of a worker who has contracted an occupational disease. In this regard, the Government explains that in the case of insured persons who are exposed to any occupational hazard, such as carcinogenic substances, and who show symptoms of diseases related to such substances, it is essential to take all the necessary measures of investigation to identify the disease. The Committee, taking due note of this information, recalls once again that Article 5 of the Convention provides for medical examinations or biological tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances, and not only for those who have contracted an occupational disease or where there is a firm suspicion that they might have contracted an occupational disease. It points out that the inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to the occupational hazards is intended to respond to the not uncommon situation in which a cancer is not detected until after the worker has terminated the employment involving exposure. The Committee therefore once again hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee hopes that the Government will supply information in its next report on the progress made in this respect.

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

The Committee notes the information provided in the Government's latest report. The Government is requested to provide further information on the following points:

Article 5, paragraph 4. Further to its previous comments, the Committee notes the replies contained in the Government's latest report that the law does not prohibit labour inspectors from being accompanied by employers' representatives and workers' representatives. It notes the statement that labour inspectors, however, prefer not to be accompanied by employers' representatives and workers' representatives so that they are free in performing their duties, and workers are also given the freedom to express their opinions on any complaints brought against employers. In addition, employers do receive the recommendations made by labour inspectors concerning problems that need to be remedied after their debates in the occupational health and safety committees set up within the undertaking, and whose membership is also made up of workers' representatives. Labour inspectors have also the right to ask workers and employers if the need arises. The Committee, however, recalls once again that this provision of the Convention provides that employers' representatives and workers' representatives should generally have the opportunity to accompany inspectors, and the inspector may not provide them this opportunity only if this would be prejudicial to the performance of his or her duties. The Committee requests the Government to indicate whether, irrespective of national practice which could be in conformity with the provisions of the Convention, the representatives of employers or workers have the right, recognized by provisions of national legislation, to accompany labour inspectors on their inspection visits and whether they can have their right respected in case of a refusal of such request by the inspectors. The Committee hopes the Government will furnish the necessary information in this regard.

Article 6, paragraph 2. The Committee notes the replies to its previous comments contained in the Government's latest report that the owner of the undertaking, or the person responsible for its management, is the person who fulfils the conditions needed for occupational health and safety with respect to the workplace and its equipment in his capacity as the owner, or the person responsible for it. The subcontractor, however, is the person who provides the equipment for the personal protection of the workers. Consequently, the responsibility is complementary between them concerning the requirements of protection against the potential hazards at the workplace. The Committee once again recalls that the duty of each employer in such cases to collaborate is without prejudice to his or her responsibility for the health and safety of his or her employees. That responsibility may also be complementary to that of the other employer or employers undertaking activities simultaneously at the same workplace. More broadly, this provision of the Convention calls for employers undertaking activities simultaneously at one workplace to collaborate overall in respect of measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. Please indicate any measures taken or envisaged in this regard.

Article 8, paragraphs 1 and 3. Further to its previous comments, the Committee notes the information contained in the Government's report that Ministerial Order No. 55 of 1983 on the requirements to be fulfilled in the working environment and the levels of exposure to the pollutants in the working environment is currently being amended. The draft Order includes the specific limits of exposure to vibration and that this draft is under final revision before submission to the competent authority of the State. Furthermore, Order No. 55 of 1983 fully provides for the limits of exposure to noise. Please keep the Office informed on any progress made in amending the Order, and please supply a copy of the amended Order. The Committee would be grateful if the Government would provide indications on the measures taken or envisaged for revising the exposure limits to all these hazards in the light of current national and international knowledge and data.

Article 9. Further to its previous comments concerning the law of authorization for the use of equipment and installations which fixes the general specifications for new enterprises and the specifications for each activity, the Committee notes from the Government's report that copies of the laws on Permits No. 453 of 1954, No. 37 of 1956, and No. 373 of 1956 will be communicated to the Office when they are approved by the competent authority. The Committee hopes the Government will not fail to communicate copies of these laws that have been in force already for some time now.

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

1. In its previous comments the Committee noted the Government's indication that it intended to take into consideration the Committee's comments in the revision of the Labour Code (Act No. 137 of 1981) and of Orders No. 55 of 1983 and No. 28 of 1982 and that a review of carcinogenic substances and of asbestos was under way. The Committee notes the Government's indication in its latest report that the tripartite committee responsible for the revision of the Labour Code has added more carcinogenic substances to the list of 28 substances annexed to Order No. 55 of 1983 (protective measures to ensure safety and health in the workplace) on the basis of the latest information and data issued by the Ministry of Health and by the ILO. The Committee hopes that the Government will soon be able to report on the adoption of the new Labour Code as well as on the revision of annex 6 of Order No. 55 of 1983 to ensure the application of Article 1, paragraphs 1 and 3, of the Convention.

2. The Committee notes that in relation to the application of Article 2 of the Convention, the Government refers to section 115 of the Labour Code under which the employer shall take measures to ensure safety and health in the workplace as regards, inter alia, chemical hazards, the conditions and precautions being determined by Ministerial Order. The Committee once again expresses the hope that the Government will provide information on the specific measures taken with a view to reduce the number of workers exposed and the duration and degree of exposure in conformity with Article 2, paragraph 2, of the Convention.

3. As concerns the application of Article 3 the Committee notes the Government's indication that Order No. 36 of 1982, provides for the procedure for reporting occupational diseases and accidents, in establishments of more than 15 workers, on forms to be filled in under the supervision of the establishment's physician. The Committee would recall that this Article of the Convention provides for measures to protect workers against the risk of exposure and for an appropriate system of records; such a system is not limited to workers already suffering from an occupational disease nor is it limited to establishments employing more than 15 workers as the Convention applies to all workers who might be exposed in the course of their work. The Committee hopes that the Government will indicate the measures taken for the establishment of an appropriate system of records for the workers concerned.

4. The Committee further notes that in relation to the application of Article 4 of the Convention, the Government refers to protective measures, labour inspection and periodic examinations. The Committee hopes that the Government will provide specifics on the steps taken to provide information to workers who have been, are, or are likely to be exposed on the dangers of carcinogenic substances or agents and on the measures to be taken.

5. The Committee notes that the Government refers again to section 67 of Act No. 79 concerning insurance against employment injuries which provides for continued medical treatment during one year after the employment, for a worker who has acquired an occupational disease; the Government states that given the general terms of this provision no distinction is made as to the categories of workers nor the different diseases. The Committee would recall once more that Article 5 of the Convention, provides for medical examinations or biological or other tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances and not only for those who have thereby acquired an occupational disease. The inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances or agents and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after the worker has terminated the employment involving exposure. The Committee, therefore, hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations or biological or other tests or investigations after their employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

6. The Committee hopes that the Government will report in the near future on progress made in the application of the Convention.

[The Government is asked to report in detail in 1999.]

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

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

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. In its 1992 direct request, the Committee drew the attention of the Government on the need to review maximum permissible doses of ionizing radiations in the light of new physiological findings by the ICRP (Publication No. 60) to ensure effective protection of workers against ionizing radiations. The Committee notes the Government's indication in its latest report that the Commission that was set up to examine proposed amendments to Act No. 59, 1960, concerning regulation of work with ionizing radiation and protection against its hazards, is currently examining the provisions of the Act to decide to what extent certain provisions could be amended in the light of the new findings of the ICRP. The Committee takes note of the Government's assurance that it will provide the text of the amended provisions as soon as they are adopted.

2. Scope of emergency work. The Committee notes the information supplied by the Government that no provision in Egyptian legislation allows for exceptions from the normally tolerated dose limits in cases of emergencies and abnormal situations, and that Act No. 59 (1960) applies to all workers exposed to ionizing radiations. In its 1992 direct request, the Committee requested the Government to report on any further measures taken in relation to the matters raised in paragraph 35(c) of the general observation. The Committee notes from the Government's report that no information was made available in respect of subparagraphs (i) and (ii) of paragraph 35(c), which relate to suspension of authorizations granted for use of specific equipment or practices which have been found unsafe; and the use of or investment in robotized equipment and/or other alternative techniques to avoid unnecessary human exposure to ionizing radiations during an emergency. It would, therefore, request the Government to provide this information in its next report.

3. The provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, the Committee again requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age.

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

The Committee notes the information provided in the Government's latest report. The Government is requested to provide further information on the following points:

Article 1 of the Convention. In its previous comments, the Committee noted the indication in the Government's report that the exclusion of domestic workers from the application of the Labour Code only referred to persons undertaking manual work for the owner of a house, such as cooks, governesses, maids, etc. It requested the Government to keep the Office informed of any changes made in the legislation which would ensure the application of the Convention to domestic workers. In its latest report, the Government indicates that the exclusion of domestic workers is in conformity with paragraph 2 of this Article of the Convention. The Government is requested to indicate the manner in which the representative workers' and employers' organizations concerned were consulted with respect to the exclusion of domestic workers from the application of the Convention, in accordance with Article 1, paragraph 2.

Article 5, paragraph 4. In its previous comments, the Committee recalled that this Article of the Convention provided that employer and worker representatives should have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention. It noted that while the inspector may deny this opportunity if he or she considers, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of his or her duties, the general principle embodied in this provision is that representatives of the employer and of the workers should have the opportunity to accompany inspectors. In its latest report, the Government indicates that it is considered preferable that inspectors have the right to carry out inspections without informing the employer. The Committee once again would recall that this provision of the Convention, however, provides that workers' representatives and employers' representatives should generally have the opportunity to accompany inspectors, while the inspector may not provide them this opportunity if considered prejudicial to the performance of his or her duties. It hopes that the Government will take the necessary measures to ensure the application of this provision of the Convention.

Article 6, paragraph 2. The Committee notes the indication in the Government's latest report that a subcontractor must ensure the same treatment for workers of the principal employer as if they were his or her own workers and that the subcontractor and principal employer are jointly responsible. The Committee would once again recall that this provision of the Convention, however, more broadly calls for employers undertaking activities simultaneously at one workplace to collaborate overall in respect of the measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. The Government is requested to indicate any measures taken or envisaged in this regard.

Article 8, paragraphs 1 and 3. The Committee notes the indication in the Government's report that its previous comments concerning the application of this Article with respect to noise and vibration have been brought to the attention of the tripartite commission responsible for elaborating a draft Labour Code. The Government is requested to indicate the progress made in establishing criteria for determining the hazards of exposure to vibration and in revising the exposure limits with respect to noise in the light of current national and international knowledge and data.

Article 9. In its previous comments, the Committee noted the indication in the Government's report that the law concerning authorization for the use of equipment and installations set forth the general specifications for new enterprises and the specifications for each activity. In its latest report, the Government has indicated that it will send copies of the relevant legislation as soon as it arrives from the competent service. The Committee hopes that a copy of the texts of the above-mentioned legislation will be communicated with the Government's next report.

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

With reference to its observation on this Convention, the Committee requests the Government to indicate the measures which have been taken to give effect to the following provisions of the Convention.

1. Article 3(a) of the Convention. In its previous comments, the Committee noted that the national regulations contain no provision requiring employers to bring to the notice of all persons concerned - in a manner approved by the competent authority - the laws or regulations ensuring the application of Parts II to IV of the Convention and of the model code annexed to the Safety Provisions (Building) Recommendation, 1937 (No. 53), which supplements the Convention. The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to give effect to the Convention on this point, for example by requiring that the text of provisions intended to give effect to Parts II to IV of the Convention and the model code referred to above be displayed on notice boards in building enterprises.

2. The Committee refers to its previous comments concerning Article 7 (the construction of suitable scaffolds by competent workers under the supervision of a competent and responsible person, of sound material and so constructed that no part thereof can be displaced in consequence of normal use; the periodic inspection of scaffolds and the prohibition of overloading; ensuring the strength and stability of scaffolds before authorizing their use by workers and before installing lifting gear), Article 8, paragraphs 1(a) and 2(a) (the construction of working platforms, gangways and stairways which are closely bordered and so constructed that no part thereof can sag unduly or unequally), Article 14, paragraph 3 (clear indication of the safe working load of a hoisting machine having a variable safe working load), and Article 15, paragraphs 2 and 3 (adequate precautions to reduce to a minimum the risk of the accidental descent of the load and of any part of a supsended load becoming accidentally displaced).

The Committee hopes that the application of the provisions in question will be ensured by texts which will be adopted during the process of revising the national legislation planned by the Government and mentioned by it in the communications received in 1992. The Committee requests the Government to supply full information on the progress achieved in this respect.

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

The Committee notes with interest the information provided in the Government's latest report and the adoption of Decree No. 116 of 1991 concerning the establishment of occupational safety and health bodies at the workplace. The Government is requested to provide further clarification on the following points:

Article 1 of the Convention. The Committee notes the indication in the Government's report that the exclusion of domestic workers from the application of the Labour Code only refers to persons undertaking manual work for the owner of a house, such as cooks, governesses, maids, etc. On the other hand, any work of an industrial nature undertaken at a person's house is covered by the provisions of the Code. Paragraph 1 of this Article, however, provides that this Convention applies to all branches of economic activity. The Government is requested to continue to provide information, in subsequent reports, on any changes made in the legislation which would ensure the application of the Convention to domestic workers.

Article 5, paragraph 4. The Committee notes the indication in the Government's report that inspectors carry out their inspections alone. The Committee would recall that this Article of the Convention provides that employer and worker representatives should have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention. While the inspector may deny this opportunity if he or she considers, in light of the general instructions of the competent authority, that this may be prejudicial to the performance of his or her duties, the general principle embodied in this provision is that representatives of the employer and of the workers should have the opportunity to accompany inspectors. The Committee hopes that the Government will take the necessary measures to ensure that workers and employer representatives have this opportunity and requests the Government to indicate any progress made in this regard.

Article 6, paragraph 2. The Committee notes the indication in the Government's report that the employer is responsible for the safety and health conditions of the workplace, whereas the subcontractor is responsible for furnishing protective equipment to workers. The Committee would once again recall that this provision of the Convention more broadly calls for employers undertaking activities simultaneously at one workplace to collaborate in respect of the overall measures prescribed in pursuance of the Convention in order to ensure the greatest coherence at the workplace with respect to occupational safety and health. The Government is requested to indicate any measures taken or envisaged in this regard.

Article 8. 1. Exposure to vibration. Paragraphs 1 and 3. The Committee notes from the Govenment's report that the question of establishing criteria with respect to vibrations is being studied, taking into account present international criteria. The Government is requested to indicate the progress made in this regard and to specify the international criteria taken into account during this review.

2. Exposure to noise. In its previous comments, the Committee noted that section 5(c) of Decree No. 55 of 1983 concerning conditions and protective measures necessary to ensure occupational safety and health at the workplace provides that the employer must take the measures necessary to reduce the level of noise at the workplace and that the levels and duration of exposure to noise shall not exceed the limits set in table 3. Table 3 establishes the maximum duration of exposure to noise exceeding 90dB. The Committee made reference to the ILO's practical directive concerning the protection of workers against noise and vibration at the workplace, 1977, which sets forth a normal warning level threshold limit for exposure to noise at no more than 85dB when no personal protective equipment, such as ear protectors, have been provided. The Government has indicated, in its latest report, that this recommendation will be taken into account when Decree No. 55 of 1983 is amended. The Government is requested to indicate the progress made in this regard.

Article 9. The Committee notes from the Government's report that the law concerning authorization for the use of equipment and installations fixes the general specifications for new enterprises and the specifications for each activity. The Government is requested to provide copies of the relevant laws which set forth the specifications which must be met at the workplace with respect to, in particular, the technical measures which must be taken for the design or installation of new plants or processes which aim at keeping the working environment free, as far as possible, from hazards due to air pollution, noise and vibration.

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

The Committee notes the information supplied by the Government in its reports which were received in 1988 and 1991, as well as the additional information supplied in 1992.

In its previous comments the Committee noted that the national legislation contains no provisions respecting scaffolds, hoisting appliances and the information of the persons concerned, as provided for in Articles 3(a), 7, 8, paragraphs 1(a) and 2(a), 14, paragraph 3, and 15, paragraphs 2 and 3, of the Convention to ensure safety in the building industry.

The Committee notes that, in its communication of February 1992, the Government states that it is undertaking a revision of the national legislation and that the Ministry of Labour has established working groups to re-examine ratified and unratified Conventions relating to the protection of workers with a view to ensuring their strict application. The Government therefore requests time to enable it to resolve the points raised in the previous comments and states that it will take into consideration the provisions of the Convention when amending the Labour Code and Order No. 55 of 1983 respecting the conditions and protective measures necessary to ensure safety and health at the workplace.

The Committee takes due note of these indications. It recalls that the Government already stated in its report received in 1986 that the revision of Title V of the Labour Code, concerning safety and health, was under way and that instructions respecting scaffolds would be included, during the revision, in ministerial orders adopted under the above Title of the Labour Code. The Committee therefore hopes that the necessary measures will be adopted in the near future to bring the law and regulations into conformity with the standards set out in the Convention with regard to the safety of scaffolds and hoisting appliances and the information of the persons concerned with regard to the provisions adopted in this respect, and that the Government will report the progress achieved.

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

The Committee notes the information provided in the Government's report in reply to its previous comments. It notes that Order No. 222 of 1986, issued by the Minister of Health, provides for the creation of a commission to examine proposed amendments to Act No. 59 of 1960 concerning the organisation of the use of ionising radiations and the protection against the hazards due to their use. The Committee requests the Government to provide full particulars on the establishment of this commission and to indicate whether the commission is currently studying any proposed amendments to Act No. 59. 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 established on the basis of new physiological findings by the International Commission on Radiological Protection 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 and to provide a copy of any texts adopted to amend Act No. 59.

2. The Committee notes with regret that the information provided in the Government's report contains no reply to its General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern the limitation of occupational exposure during and after an emergency. The Government is requested to indicate in particular whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in these circumstances and to specify how these circumstances are defined, and to report also on any further measures taken in relation to the matters raised in paragraph 35(c) of the General Observation.

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

1. In its previous comment, the Committee had noted the Government's indication that it intended to take into consideration the comments previously made by the Committee for the revision of Title V of the Labour Code and Orders No. 55 of 1983 and No. 28 of 1982. In its latest report, the Government has indicated that a review of carcinogenic substances and asbestos is presently underway. The Committee hopes that the Government will adopt new regulations or amend the existing Orders in order to ensure the application of the following provisions of the Convention which have been the subject of its comments for a number of years: Article 1, paragraphs 1 and 3, of the Convention (determination of carcinogenic substances and agents which shall be prohibited or made subject to authorisation or control, consideration being given in this regard to the latest international information); Article 2, paragraph 2 (reduction in the number of workers exposed to carcinogenic substances or agents and in the duration of exposure); Article 3 (establishment of an appropriate system of records); and Article 4 (provision of information to workers who are or have been exposed to carcinogenic substances on the dangers involved and the methods of protection). The Committee hopes that the Government will take the necessary measures to ensure the application of these provisions of the Convention in the near future and requests the Government to provide information in its next report on the progress made in this regard.

2. The Committee notes the indication by the Government that section 67 of Title IV of Chapter V of Act No. 79 concerning insurance against employment injuries provides for continual medical treatment during one year after employment for a worker who has acquired an occupational disease. The Committee would recall, however, that Article 5 of the Convention provides for medical examinations or biological or other tests or investigations after employment as necessary for all workers who have been exposed to carcinogenic substances and not only those who have thereby acquired an occupational disease. The Committee would recall that the inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after a worker has terminated the employment involving exposure. The Committee, therefore, hopes that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances are provided with medical examinations or biological or other tests or investigations after the period of employment as necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Government is requested to indicate in its next report the progress made in this regard.

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

The Committee notes with interest the information provided in the Government's first report and requests the Government to provide copies of Decree No. 48 of 1967 regulating the measures necessary to ensure the protection of workers against risks to their health in the workplace and Decree No. 380 of 1975 concerning general requirements for industrial, commercial and other establishments where there exists a high level of noise presenting a risk to health, which were referred to in the Government's report. The Government is also requested to provide further clarification on the following points:

Article 1, paragraph 1, of the Convention. The Committee notes that section 3 of the Labour Code of 1981 excludes domestic workers from the Code's scope of application. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure that the provisions of the Convention are applied in respect of domestic workers.

Article 5

Paragraph 3. The Committee notes that section 128 of the Labour Code provides for the creation of occupational safety and health committees in every establishment. The composition of these committees and procedures for their functioning are to be determined by order from the Minister of Manpower and Training. The Government is requested to provide details concerning the composition and functioning of these committees and to indicate, in particular, whether workers' representatives participate on these committees. The Government is also requested to indicate any other steps taken to ensure as close a collaboration as possible between employers and workers in the application of the measures prescribed in pursuance of the Convention.

Paragraph 4. The Government is requested to indicate the measures taken to ensure that employers' and workers' representatives have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention.

Article 6, paragraph 2. The Committee notes that section 8 of Title III of Decree No. 55 concerning conditions and protective measures necessary to ensure occupational safety and health at the workplace provides that an employer shall be responsible for the work and training of workers engaged by a subcontractor. Article 6, paragraph 2, of the Convention, however, more broadly calls for a general duty for employers undertaking activities simultaneously at one workplace to collaborate in order to comply with the measures prescribed in pursuance of the Convention. The Government is requested to indicate the measures taken or envisaged to ensure collaboration among employers simultaneously involved at the same workplace as concerns measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 7, paragraph 2. The Committee notes that section 125 of the Labour Code provides that inspectors of a specialised service for inspecting establishments shall have the powers of officials attached to the courts when supervising the application of provisions relating to occupational safety and health. The Government is requested to indicate the manner in which workers or their representatives can appeal to appropriate bodies concerning protection against occupational hazards due to air pollution, noise and vibration, either through the inspectors of the specialised service or directly to the courts or other competent bodies. Furthermore, the Committee recalls that Article 7, paragraph 2, of the Convention provides that workers or their representatives shall have the right to present proposals and to obtain information and training so as to ensure protection against occupational hazards due to air pollution, noise and vibration. The Government is requested to indicate the measures taken to guarantee workers the right to present proposals and to obtain information and training for protection against these hazards.

Article 8

Paragraph 1. Exposure to vibration. The Committee notes that section 1(c) of Decree No. 55 provides that every enterprise must ensure that machines and equipment which create vibrations are fixed to a base off the floor which absorbs the vibrations in order to reduce the level of vibrations. Section 10 of the Decree provides that the Under-Secretary of State can determine other protective measures, according to the nature of the work, to be taken in enterprises or industry. The Committee also notes that section 115 of the Labour Code provides that the conditions and precautions necessary to ensure protection against the dangers of vibration, inter alia, shall be determined by order of the Minister of Manpower and Training, issued after consultation with the Ministers of Health and the Environment. The Government is requested to indicate the measures taken, either by the Minister of Manpower and Training, the Under-Secretary of State, or other competent body, to establish criteria for determining the hazards of exposure to vibration in the working environment and any exposure limits specified on the basis of these criteria.

Paragraph 2. The Committee notes from the Government's report that the opinion of the Central Advisory Council on Occupational Safety and Health shall be taken into consideration in the elaboration of criteria and fixing of exposure limits in respect of hazards due to air pollution, noise and vibration. The Committee notes that, by virtue of section 115 of the Labour Code, the Minister of Manpower and Training is empowered to determine the precautions necessary to ensure protection against these hazards. The Government is requested to indicate the manner in which, in practice, the opinion of technically competent persons designated by employers' and workers' organisations will be taken into account by the competent authority in the determination of these criteria and exposure limits.

Paragraph 3. The Committee notes from the Government's report that the opinion of national technical committees and the statistics available concerning occupational diseases and accidents are taken into consideration in the elaboration of criteria for determining the hazards of exposure to air pollution, noise and vibration and the fixing of exposure limits. The Government is requested to indicate the measures taken to ensure that current international knowledge and data are also taken into account in making these determinations.

(a) Exposure to noise. The Committee notes that section 5(c) of the Decree provides that the employer must take the measures necessary to reduce the level of noise at the workplace and that the levels and duration of exposure to noise shall not exceed the limits set in table 3. Table 3 establishes the maximum duration of exposure to noise exceeding 90dB. The Government is requested to indicate whether a normal warning level threshold limit has been set for exposure to noise at no more than 85dB without the provision of personal protective equipment such as ear protectors, in accordance with standards recommended by the ILO in its practical directive entitled "The Protection of Workers against Noise and Vibration at the Workplace, 1977".

(b) Exposure to vibration. The Committee had noted under Article 8, paragraph 1, of the Convention that no criteria for determining the hazards of exposure to vibration or exposure limits appear to have been fixed by the competent authority. In this regard, the Committee would call the Government's attention to the ILO directive concerning the protection of workers against noise and vibration which provides practical advice concerning the determination of workplaces where health risks due to vibration may exist and suggests for protective measures against the harmful effects of vibration. The Committee requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to vibration which it trusts will take into account the relevant, current national and international knowledge.

Article 9. The Committee notes that, by virtue of sections 110 and 111 of the Labour Code, the Minister of Environment is empowered to issue requirements which must be met before an industrial activity can be undertaken, subject to the approval of the Ministers of Health, Manpower and Training, Industry, Irrigation and the Interior. It also notes that section 4(II) of Decree No. 55 provides that the installation and use of machines and equipment must be in conformity with the specifications adopted. The Government is requested to indicate the requirements issued or specifications adopted concerning the technical measures for the design or installation of new plants or processes which aim at keeping the working environment free, as far as possible, from hazards due to air pollution, noise and vibration.

Article 11, paragraph 2. The Committee notes that section 122 of the Labour Code provides that regular post-employment medical examinations shall be paid for by the employer. Section 116 of the Code concerning pre-employment medical examination does not indicate who will pay for the examination. In its report, the Government refers to section 119 of the Code which provides that no employer shall demand money from a worker or withhold any portion of a worker's wages for measures necessary to the worker's protection. The Government is requested to clarify that pre-employment medical examinations will be free of cost to the person concerned, even if an employment relationship has not been established.

Article 11, paragraphs 3 and 4. The Government is requested to indicate the measures taken to ensure that workers for whom it is medically inadvisable to continue an assignment to work involving exposure to air pollution, noise or vibration is provided with suitable alternative employment or that the worker's income is maintained through social security measures or through other means. The Government is also requested to indicate that the rights of workers under social security or social insurance legislation are not adversely affected by the implementation of the Convention.

Article 13. The Committee notes that, under section 117 of the Labour Code, the worker shall be informed of the hazards involved in the work if the protective measures prescribed are not taken and that the worker shall be instructed in the use of personal protective equipment. The Government is requested to indicate the measures taken to ensure that workers are also given instruction on the measures available, other than the use of personal protective equipment, for the prevention and control of hazards due to air pollution, noise and vibration.

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

The Committee thanks the Government for the information provided in its last report (which was not requested), in response to its direct request in 1988. The Committee will examine these observations with the Government's next report, which is due for 1991.

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

1. The Committee notes with interest from the information supplied by the Government in reply to its previous direct request that it intends to take into consideration for the revision of title V of the Labour Code and Orders No. 55 of 1983 and No. 28 of 1982 the comments previously made concerning Article 1, paragraphs 1 and 3 (determination of carcinogenic substances and agents which shall be prohibited or made subject to authorisation or control), Article 2, paragraph 2 (list of activities where workers are exposed to carcinogenic substances), and Article 4 of the Convention (provision of information to workers who are or have been exposed to carcinogenic substances on the dangers involved and the methods of protection). The Committee would like to recall that under Article 2, paragraph 2, of the Convention, measures shall also be taken to reduce the number of workers exposed to carcinogenic substances and that Article 3 requires for the establishment of a system of records for workers concerned. The Committee hopes that the Government will also give effect to these provisions of the Convention in the current revision of the legislation.

2. The Committee observes that section 58 of Law No. 79 of 1975 and Law No. 27 of 1981, referred to by the Government, do not fully apply Article 5 of the Convention, as they do not provide for medical examination after termination of employment in sectors other than mines and quarries, and independent of any incapacity. It reiterates the hope that the Government will take the necessary measures to ensure that workers are provided with medical examinations as necessary after their employment to evaluate their exposure and state of health in relation to occupational hazards, in accordance with this provision of the Convention.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes from the report of the Government that Law No. 59 of 1960 has been modified by the adoption of Order No. 222 of 1986 of the Ministry of Health. It would be grateful if the Government would supply a copy of the Order and provide full particulars on the manner in which it affects the application of the Convention in its next report.