Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the French Democratic Confederation of Labour (CFDT), received on 22 September 2025, as well as the Government’s reply in this respect.

Article 2(3) of the Convention. Consideration of the ratification of relevant occupational safety and health (OSH) Conventions of the ILO. Further to its previous comments, the Committee notes with interest the information in the Government’s report concerning developments towards the ratification of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee also notes the enactment of the Act of 22 October 2025 authorizing the ratification of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee requests the Government to continue to provide information on any new developments in this regard and on the periodic consideration, in consultation with the most representative organizations of employers and workers, of measures that could be taken to ratify relevant OSH Conventions of the ILO.

Article 3(1). National policy on OSH. Further to its previous comments, the Committee takes due note of the Government’s indications that the assessment of the Plan for the prevention of serious and fatal occupational accidents (PATGM) 2022–25 shows that actions have been satisfactorily implemented and that a consolidated assessment of the PATGM, the fourth occupational health plan (PST 4) and the regional occupational health plans is being carried out with the social partners. The Government specifies that this assessment is a prerequisite for defining the fifth occupational health plan, which will be launched in 2026. The Committee also notes the observations of the CFDT, indicating that while a national interoccupational agreement of May 2023 has enabled the recruitment of engineers and administrative staff for occupational health funds, their numbers, as well as those of inspectors, occupational physicians and labour inspectors, must be increased in order to implement an occupational health and safety policy and prevent serious and fatal accidents and occupational illnesses, which are still too numerous. The Committee notes the information provided by the Government in this respect, concerning the budgetary resources for OSH, including an increase in the resources allocated to prevention in the new agreement on objectives and management for the “occupational accidents and diseases” branch of the general system, signed in 2024. The Committee requests the Government to continue to provide information on the consolidated assessment mentioned above, on the definition of the fifth occupational health plan and its implementation and on consultations with the social partners in this regard.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation as an essential element of workplace-related prevention measures. The Committee notes that, in reply to its previous comments on cooperation between social and economic committees (CSEs), committees on health, safety and conditions of work (CSSCTs) and local representatives, the Government indicates that it was the intention of the legislature to give enterprise stakeholders considerable leeway. According to the Government, the law therefore allows agreements in enterprises to define the number, appointment procedures, operating procedures and powers of local representatives, including with regard to OSH. The Government nevertheless provides guidance in a document entitled “CSE Questions and Answers.” The Committee notes the observations of the CFDT, raising new concerns about the reform, noting waning interest in OSH issues, distancing between elected representatives and employees, a lack of local representatives in enterprises in practice and insufficient OSH training for CSEs. In response, the Government indicates that training for elected health and safety representatives has already been increased, with a minimum duration of five days during the first term of office for all CSE members. Noting these indications, the Committee requests the Governmentto provide further information on the proportion of enterprises that have established CSEs in practice, if such information is available, as well as on the arrangements made to promote such cooperation as an essential element of workplace-related prevention measures, including any measures taken to resolve the difficulties identified.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. The Committee notes the observations of the CFDT, raising concerns about the under-reporting of occupational accidents and diseases, as well as the under-recognition of occupational diseases. The Committee also notes the Government’s reply, which highlights the role of various research institutions and social security systems in producing analyses and data on occupational accidents and diseases. The Government indicates that under-reporting is due to various factors, including sometimes insufficient knowledge among healthcare professionals and employees. In this regard, the Government indicates that information campaigns have led to more reporting of occupational diseases since 2021. The Committee requests the Government to continue to provide information on any measures taken to support or strengthen mechanisms for the collection and analysis of data on occupational injuries and diseases.

Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in microenterprises, in small and medium-sized enterprises and in the informal economy. Further to its previous comments, the Committee notes the information provided by the Government on the results achieved under the PST 4 and PATGM, including the adaptation of various tools for very small, small and medium-sized enterprises. The Committee takes note of this information, which addresses its previous request.

In addition, the Committee recalls its pending comments regarding the ratified technical OSH Conventions (the Radiation Protection Convention, 1960 (No. 115), Maximum Weight Convention, 1967 (No. 127), Occupational Cancer Convention, 1974 (No. 139), Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), and Safety and Health in Agriculture Convention, 2001 (No. 184)), adopted by the Committee in 2023 (Conventions Nos 115, 127, 139 and 148) and in 2024 (Convention No. 184), for which the Government will be requested to reply in accordance with the reporting cycle.

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

Previous comments: C.187, C.115, C.127, C.139, C.148 and C.62

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 115 (radiation protection),127 (maximum weight), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), and 187 (promotional framework for OSH) in a single comment.

The Committee notes the observations, communicated with the Government’s reports, made, firstly, by the General Confederation of Labour – Force ouvrière (CGT-FO) regarding Convention No. 148 and, secondly, by the French Confederation of Management – General Confederation of Professional and Managerial Employees (CFE-CGC) regarding Convention No. 187. The Committee also notes the Government’s reply to the observations of the CFE-CGC.

A. General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No.   187)

Article 2(3) of the Convention. Consideration of the ratification of relevant occupational safety and health (OSH) Conventions of the ILO. The Committee notes the Government’s indication, in reply to its previous comment, that the social partners can raise any issue relating to negotiation, ratification and application of ILO instruments within the Steering Committee on Conditions of Work (COCT) and that since draft legislation or regulations on OSH are related to an international instrument, they are submitted to a specialist committee for examination, and then to the general committee to enable the social partners to give a formal opinion. Moreover, the Committee notes that France ratified the Safety and Health in Agriculture Convention, 2001 (No. 184), in 2021, and the Violence and Harassment Convention, 2019 (No. 190), in 2023. Lastly, the Committee notes that ratification of the Occupational Safety and Health Convention, 1981 (No. 155) is under discussion. The Committee requests the Government to continue providing information on the periodic consideration, in consultation with the most representative organizations of employers and workers, of the measures which could be taken to ratify relevant ILO occupational safety and health Conventions.

• National policy

Article 3(1). National policy on OSH. The Committee notes the Government indication, in reply to its previous comment, that national policy on OSH takes the form of an occupational health plan, that the 4th Occupational Health Plan (PST 4), covering the 2021–25 period, was drawn up in close collaboration with the social partners in the COCT and resulted in the adoption of the “Plan for the prevention of serious and fatal occupational accidents 2022–25”, which was also drawn up in connection with the social partners. The Committee requests the Government to provide information on the evaluation of the results recorded further to the implementation of the “Plan for the prevention of serious and fatal occupational accidents 2022–25”.

• National system

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation as an essential element of workplace-related prevention measures. The Committee notes that since 1 January 2018 the committees on health, safety and conditions of work (CHSCTs) have been replaced by economic and social committees (CSEs), which are composed by the employer and a staff delegation. In reply to the Committee’s previous comment, the Government indicates that, in enterprises with 50 or more employees, the CSE has certain prerogatives (right to be alerted, right to be informed and consulted, etc.) similar to those of the former CHSCTs and that in enterprises with fewer than 50 employees, the employer must submit a list of prevention and protection activities to the CSE. The Government also indicates that a committee on health, safety and working conditions (CSSCT) must be established in enterprises and separate undertakings employing 300 workers or more, as well as in undertakings featuring particular risks. The CSSCT, chaired by the employer or employer’s representative and comprising at least three staff representatives, is assigned by delegation of the CSE some or all of the latter’s functions relating to health, safety and working conditions. The Government adds that local representatives (représentants de proximité) with a remit relating to health, safety and working conditions can also be appointed. Moreover, the Government points out that Act No. 2021-1018 of 2 August 2021 on strengthening prevention in occupational health has boosted social dialogue within enterprises relating to assessment of occupational risks by requiring the CSE and CSSCT to contribute to this evaluation.

The Committee notes that the CFE-CGC, in its observations, deplores the fact that the reform leading to the creation of the CSEs has resulted in a weakening of the staff representation system. Indeed, on the basis of the report of the labour ordinance evaluation committee published in 2021, the CFE-CGC points out that, in enterprises which have not appointed local representatives, the handling of OSH issues can prove difficult and there is a risk of loss of contact between elected representatives and the workers and a failure to identify problems that exist on the ground. The CFE-CGC also points out that the labour ordinance evaluation committee, in its report, also indicates that the excessive workload of representation, the difficulties of reconciling it with work and the lack of expertise, taking account of the now vast range of subjects to be addressed, are likely to undermine the engagement of CSE members, who actually perform tasks which were previously a matter for staff representatives, the works council or the CHSCT. The CFE-CGC also objects that the CHSCT has been “devalued” by becoming a mere CSSCT, with no legal personality or capacity to take legal action.

The Committee notes that although the Government in its reply recognizes that the report of the labour ordinance evaluation committee refers to difficulties, including with regard to training for staff representatives, it emphasizes that the implementation of the reform is still being monitored and that CSE members receive longer training on health, safety and working conditions than was previously the case. The Government points out that the report noted that the new coordination between CSEs, CSSCTs and local representatives was difficult to establish but that various studies have now highlighted progress in terms of information sharing and coordination. The Committee notes that this report also reveals that the health crisis confirmed the difficulty of the role played by worker representatives and that it highlighted the fatigue felt by elected representatives, which is leading some to disengage or even resign. The growing complexity of the mandate of CSE members only reinforces the need for training and is a source of major concern as regards the attractiveness of holding office and the dynamics for the re-election of representatives. Noting that, according to the labour ordinance evaluation committee, the role of local representatives is not well defined, which makes performance of their role difficult, the Committee requests the Government to indicate how cooperation between CSEs, CSSCTs and local representatives in ensured with a view to promoting prevention in the workplace, to give specific examples of such cooperation and to describe any difficulties encountered in this regard.

Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in microenterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes the Government’s indication, in reply to its previous request, that since 2016 the Fund for the Improvement of Working Conditions (FACT) has issued several calls for proposals relating to very small enterprises (VSEs) and small and medium-sized enterprises (SMEs). The Committee notes that section 3 of the “Plan for the prevention of serious and fatal occupational accidents 2022–25” aims to strengthen the culture of prevention within VSEs and SMEs, which have been identified as a priority target because they often have fewer resources to devote to prevention and a significant proportion of accidents occur in them. With regard to the informal economy, the Committee notes the Government’s indication that numerous posters containing prevention messages relating to four subject areas (chemical risks, working at height, manual handling and work equipment) have been produced and translated into eight languages. The Committee notes that PST 4 highlights the fact that the regulatory framework relating to the prevention of chemical hazards, on account of its technical and changing nature, poses problems for VSEs and SMEs and that discussion is therefore needed, including on the traceability of occupational exposure. The Committee also notes that the objectives of PST 4 also include support for enterprises, in particular VSEs and SMEs, in the implementation of initiatives relating to quality of life and working conditions. The Committee requests the Government to provide information on action taken to achieve the objectives of PST 4, including solutions to the issues for VSEs and SMEs arising from the regulatory framework relating to chemical risk prevention. The Committee also requests the Government to provide information on the implementation of section 3 of the “Plan for the prevention of serious and fatal occupational accidents 2022–25”.

• National programme

Article 5(1). Monitoring and evaluation of the national programme on OSH in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication, in reply to its previous request, that the review of PST 3, relating to the period 2016–20, underlined, for each operational objective, challenges and progress as well as work remaining to be done, these elements being intended to serve as guidelines for the formulation of PST 4 and regional plans. The Committee also notes that a chapter of this review was devoted to the contributions of the social partners and that, according to the Government’s indications, areas for improvement in the steering and monitoring of PST 4 have been identified, after consultation of the social partners. The Committee notes this information, which responds to the request made in the last comment.

Article 5(2)(d). Objectives, targets and indicators enabling the evaluation and periodic review of the national programme on OSH. The Committee notes that PST 4 is divided into four strategic components and ten objectives and that monitoring is based on 14 strategic indicators (aimed at monitoring the impact of prevention on targeted groups), four steering indicators, and also numerous monitoring indictors (associated with actions in the plan for evaluating results and deliverables). The Committee notes that the review of PST 3 shows that, in order to better monitor and evaluate the results of a PST, there is a need, inter alia, to measure the impact of actions on the practices and behaviours of actors in the enterprise and that ultimately, beyond the focus placed on indicators in the formulation of PST 4, the latter would benefit from developing its own overall, utilizable data, along the lines of an annual OSH scoreboard which would supplement data available on accident rates and exposure and make it possible to carry out intermediate evaluations to strengthen or redirect certain actions if necessary. The Committee notes the information provided, which responds to the previous request for information.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 5 and 15 of the Convention. Restricting the exposure of workers and appropriate inspection services to the lowest practicable level. The Committee notes that, in line with the “Practical guide on radon” published in February 2018 and the “National action plan 2020–24 for radon risk management”, PST 4 makes provision for the continuation of measures to reinforce prevention of the risk of radon in the workplace. The Committee also notes that, when the risk of exposure cannot be reduced below the reference level, the employer must implement the reinforced system for the protection of workers against radiation. The Committee requests the Government to indicate all measures adopted to take better account of radon in occupational risk assessment.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice. The Committee notes the Government’s indication, in reply to its previous comment, that under section R. 4451.9 of the Labour Code, the only real limit on exposure to ionizing radiation for workers is the effective dose of 1 sievert over the whole of their career. If a worker reaches this limit in the context of occupational activity, the worker must not be exposed to any further ionizing radiation in that activity. Recalling that the Committee indicated in paragraph 40 of its general observation of 2015 on the Convention that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that the workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure, the Committee invites the Government to provide information on any measures taken or envisaged in this regard.

Maximum Weight Convention, 1967 (No. 127)

Application in practice. The Committee notes that the labour inspection report for 2019 shows that, in all branches of activity combined, half of all occupational accidents are caused by activities involving manual handling ultimately likely to give rise to musculoskeletal disorders (MSDs). The Committee requests the Government to provide data, disaggregated by branch of activity, age group and sex, on occupational accidents caused by the manual transport of loads and on all preventive measures taken or envisaged in this area.

Occupational Cancer Convention, 1974 (No. 139)

Article 1(3) of the Convention. Consideration given to the latest information and data. The Committee notes the Government’s indication that in 2020 and 2021 a number of decrees and orders were adopted establishing the list of carcinogenic substances, mixtures and processes within the meaning of the Labour Code and occupational exposure limit values, thereby transposing certain European Union directives into French legislation.

Article 6. Appropriate inspection services. The Committee notes that action No. 2.1 of PST 4 aims to prevent exposure to chemicals since the latter constitutes the primary cause of fatal occupational diseases, with asbestos exposure the second biggest cause of occupational disease. In this regard, the National Action Plan for the labour inspection system 2023–25 highlights the fact that the application of regulations relating to risks arising from the inhalation of asbestos dust and, more broadly, risks arising from exposure to chemicals and to carcinogenic, mutagenic and reprotoxic substances (CMRs), must be the subject of particular attention from the inspection services. The Committee also notes the Government’s indication that certified enterprises loan workers to each other for the removal of materials containing asbestos, which means that some operations are carried out only by on-loan teams, under less stringent safety conditions. The Committee requests the Government to provide detailed information on the controls made by the labour inspection services to combat the practice of loaning workers between certified enterprises for the removal of materials containing asbestos and, more generally, on the implementation of the National Action Plan for the labour inspection system 2023–25 in relation to the risks arising from exposure to asbestos dust and CMRs.

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

Legislation. The Committee notes that the Order of 19 July 2006 establishing the conditions for the measurement of levels of exposure to noise was repealed on 1 January 2016. The Committee requests the Government to indicate which are the new regulations applicable to exposure to noise in the working environment.

Article 5(4) of the Convention. Opportunity for representatives of the employer and representatives of the workers to accompany inspectors. The Committee notes that, under section L. 2312-10 of the Labour Code, the inspector shall be accompanied by a member of the staff delegation from the economic and social committee, if the latter so wishes. The Committee notes the information provided, which responds to the previous request for information.

Article 6(1). Responsibility of employers. The Committee notes that the CGT-FO claims in its observations that there are no provisions which hold the employer responsible in the event that a platform worker is exposed to pollution. The Committee requests the Government to provide its comments in this respect.

Article 7(2). Right of workers or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes the remit of the CSE in enterprises employing 50 or more workers and in those employing between 11 and 50 workers. The Committee notes that in enterprises employing fewer than 11 workers there is no CSE but that numerous posters containing prevention messages relating to four subject areas (including chemical risks and work equipment) have been prepared for VSEs and SMEs and translated into eight languages. The Committee requests the Government to indicate what other measures give effect to Article 7(2) of the Convention in enterprises employing fewer than 11 workers.

Article 12. Processes, substances, machinery and equipment, the use of which is to be notified to the competent authority, which may authorize or prohibit it. The Committee notes that, with regard to the risks of exposure to asbestos, the Labour Code provides that the employer must send to the competent authorities the demolition, removal or encapsulation plan and the operating methods. The first use of pathogenic biological agents must be declared to the labour inspector at least 30 days before the start of the work. As regards young workers, although work exposing them to hazardous chemical agents or a certain level of vibration is prohibited, the employer has the possibility of submitting an exemption request to the inspector. The Committee also notes that the Labour Code prohibits the employment of temporary workers and fixed-term contract holders in certain types of work exposing them to hazardous chemicals or certain types of ionizing radiation and that any employer wishing to be exempt from this prohibition must submit an exemption request to the competent authorities. The Committee notes the information provided, which responds to the previous request for information.

• Protection in specific branches of activity

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

The Committee recalls that the ILO Governing Body, at its 334th Session (October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 62 in the category of outdated instruments, and placed an item concerning its abrogation on the agenda of the 112th Session (2024) of the International Labour Conference. The Governing Body also requested the Office to take follow-up action to actively encourage ratification of the up-to-date instrument, namely the Safety and Health in Construction Convention, 1988 (No. 167), and recommended that the Office propose technical assistance to the countries most in need of it. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendation of the SRM TWG, and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee takes this opportunity to remind the Government that the International Labour Conference, at its 110th Session (June 2022), added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance in order to bring both practice and applicable legislation into conformity with the fundamental occupational safety and health Conventions.

Application in practice. The Committee notes the Government’s indication that the various prevention measures deployed in the construction and public works sector in the last ten years and the strengthening of the powers of inspectors (greater power to stop site operations; administrative fines as a deterrent in the event of non-compliance with a stoppage order; criminal proceedings) have resulted in a considerable drop in the number of occupational accidents recorded, the main cause of which are falls from height or on the level (31 per cent) and manual handling (48 per cent), the latter often being the cause of musculoskeletal disorders. However, the Committee notes that falls from height still accounted for 45 per cent of occupational accidents in the construction and public works sector as at December 2021 and that the National Action Plan for the labour inspection system 2023–25, PST 4 and the Plan for the prevention of serious and fatal occupational accidents 2022–25 continue to give priority to the risk of falls from height or on the level. The Committee requests the Government to continue providing informationon the measures taken to overcome the risk of falls in the construction and public works sector, including in VSEs and SMEs, and also data on the number of accidents caused by falls in this sector.

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

The Committee takes note of the Government’s first report.

Article 2(3) of the Convention. Consideration of the ratification of relevant occupational safety and health (OSH) Conventions of the ILO. The Committee notes the Government’s indication concerning the submission to Parliament of all the ILO instruments that may be subject to ratification, as well as the submission for consultation of OSH-related statutes to the Steering Committee on Conditions of Work (COCT), where the social partners are represented at the national level. The Committee requests the Government to provide further information on the manner in which consideration is given to the measures which could be taken to ratify relevant ILO Conventions, on the periodicity of the consultations with the social partners in the COCT and on the outcome of these consultations.

Article 3(1). Implementation of the national policy on OSH. The Committee notes the information provided by the Government concerning its national policy on OSH, and particularly in relation to the 2016–20 Occupational Health Plan, the role of the social partners and the review of the previous plan during its formulation, as well as the annual reviews of the implementation of the plan, which contain national loss and occupational health indicators. The Committee requests the Government to provide further details on the modalities for the practical implementation of the national policy and on the role of the social partners in this process.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation as an essential element of workplace-related prevention measures. The Committee notes the information provided by the Government on the promotion of cooperation between management, workers and their representatives within committees on health, safety and conditions of work (CHSCT). The Committee notes that, as part of the reform of the Labour Code and in accordance with section 2 of Act No. 2017-1340 of 15 September 2017 enabling the adoption, by Ordinance, of measures to strengthen social dialogue, the bodies representing workers, including the CHSCT, were merged into a single body, forming economic and social committees whose responsibilities differ according to the size of the undertaking. The Committee requests the Government to provide further information on the effects that the attribution of former responsibilities of the CHSCT to new economic and social committees have had on the practical application of OSH-related cooperation in undertakings.

Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in microenterprises, in small and medium-sized enterprises and in the informal economy. The Committee takes note of the initiatives aimed at small and medium-sized enterprises, including in the framework of the 2016–20 Occupational Health Plan, and of the funds allocated to improving conditions of work. The Committee requests the Government to continue to provide information on the results of the support provided to small and medium-sized enterprises and to very small enterprises in the framework of the 2016–20 Occupational Health Plan, and on the support mechanisms available to the informal economy.

Article 5(1). Monitoring and evaluation of the national programme on OSH in consultation with the most representative organizations of employers and workers. The Committee notes the information provided on the formulation, implementation and monitoring of the 2016–20 Occupational Health Plan. The Committee requests the Government to provide information on the evaluation carried out of the 2016–20 Occupational Health Plan in consultation with the social partners, and on how this evaluation contributes to the formulation of subsequent plans.

Article 5(2)(d). Objectives, targets and indicators enabling the evaluation and periodic review of the national programme on OSH. The Committee notes the procedure for the annual review of the occupational health plan, which includes updating an OSH scoreboard that is compiled with the social partners and consists of national loss and occupational health indicators. The Committee requests the Government to provide a copy of the scoreboards, indicators and annual reviews of the results achieved by the occupational health plan.

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

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

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

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

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

Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication in its report that several measures have been taken concerning the risk of falls from heights. The Committee also notes the detailed statistics on occupational accidents, commuting accidents and occupational diseases in the construction industry for the period 2009–13. It notes in particular that the number of occupational diseases, which rose at a constant rate between 2009 and 2012, fell by 3.2 per cent from 6,763 to 6,546 between 2012 and 2013, and that 90 per cent of these diseases are musculoskeletal disorders. The Committee requests the Government to provide information on the measures taken or envisaged to remedy the main causes of accidents at work in the building sector and the high proportion of musculoskeletal disorders in this sector.

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

Legislation. The Committee notes the Government’s indication that work has begun to amend the Order of 19 July 2006 establishing the conditions for the measurement of levels of exposure to noise in order to take into account the requirements of standard NF EN ISO 9612 of May 2009 and Annex B of standard NF EN 458 of March 2005. It further notes that factors related to exposure to noise and mechanical vibration have been taken into account in the context of the creation of personal accounts for the prevention of arduous working conditions, which are intended to allow any worker exposed to one or several factors of arduous work to be entitled to vocational training, part-time work or early retirement. The Committee requests the Government to continue providing information on the progress made in the amendment of the Order of 19 July 2006.

Article 5(4) of the Convention. Opportunity for representatives of the employer and representatives of the workers to accompany inspectors. In the absence of a reply to its previous request in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that representatives of the employer and representatives of the workers have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention.

Article 7(2). Right of workers or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes the information provided by the Government on the provisions of the Labour Code that provide for the consultation of the committee on health, safety and working conditions on measures to reduce exposure to mechanical vibration and noise and the right of workers to obtain the results and analysis of medical examinations, as well as information and general training on exposure to mechanical vibration and noise. The Committee requests the Government to indicate whether committees on health, safety and working conditions are consulted on issues relating to air pollution in the working environment. It also requests the Government to indicate whether workers and their representatives have the right to obtain information and training on protection against occupational hazards due to air pollution in the working environment.

Article 12. Processes, substances, machinery and equipment, the use of which is to be notified to the competent authority. With reference to its previous comments, the Committee notes that the Government reiterates that there is no requirement to notify the competent authorities of the use of processes, substances, machinery or equipment which involve exposure to air pollution, noise or vibration. The Committee requests the Government take the necessary measures, in law and practice, to establish the requirement to notify the competent authority of the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

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

General observation of 2015. The Committee would like 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 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. With reference to its previous comments on the situation of these workers, the Committee notes the reference by the Government to section R.4451-79 of the Labour Code, which provides that a worker may not be assigned to work involving exposure to ionizing radiations, except in cases of situations of radiological emergency, where the dose received by that worker over a period is higher than the established limit value. In this regard, the Committee wishes to draw the Government’s attention to paragraph 40 of its general observation of 2015 on the Convention, which indicate that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are or could be subject to occupational exposure. The Committee invites the Government to provide information on any measures adopted or envisaged in this regard.

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

The Committee notes the information provided by the Government in its latest report indicating recent amendments to legislation concerning exposure to vibrations and noise and on the use of machinery; the restructuring of relevant legislation that has taken place during the reporting period; and the updated references for the provisions relevant to this Convention. The Committee also notes that the Government has provided information which appears to give further effect to Article 3(a) and (b) of the Convention. The Committee asks the Government to continue to provide information on legislative measures taken with regard to the Convention.

Part V of the report form. Application in practice. The Committee notes the comprehensive statistical information provided by the Government on the number of workplace accidents and occupational diseases for 2008, which indicates an overall decrease in the number of fatal accidents. The Government indicates that the main causes of workplace accidents are manual handling, slipping on surfaces and falls from heights; and that the main causes of fatalities include falls from heights, accidents involving vehicles, slipping on surfaces and manual handling. The Committee also notes that the Government has provided information on labour inspection in its report under the Labour Inspection Convention, 1947 (No. 81). The Committee asks the Government to indicate measures taken or envisaged to address the main causes of workplace accidents in the construction sector and to continue to provide information on the application of the Convention in practice.

With reference to its previous comments, the Committee notes the information that, at present, the Government does not intend to ratify the Safety and Health in Construction Convention, 1988, (No. 167) which revised the present Convention. The Committee requests the Government to keep it informed of any developments in this regard.

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

Article 7 of the Convention. Assignment of young workers. The Committee notes that section D4153-39 of the Labour Code sets out weight limits for the handling of loads by young workers under the age of 18 years, and that specific weight limits have been created for both female and male workers between the ages of 14 and 15. The Committee again reminds the Government that Paragraph 21 of the Maximum Weight Recommendation, 1967 (No. 128), states that where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level. The Committee therefore hopes that the Government will undertake measures in the near future to raise the minimum age for assignment to manual transport of loads to 16 years.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government under its report on the Safety Provisions (Building) Convention, 1937 (No. 62), which indicates that manual handling is one of the main causes of workplace accidents in the construction sector. The Committee asks the Government to indicate measures taken or envisaged to address the high number of workplace accidents caused by manual handling in the construction sector and to continue to provide information on the application of the Convention in practice.

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

Article 2(2) of the Convention. Reducing the number of workers exposed to carcinogenic substances or agents. The Committee notes the information provided by the Government indicating that the agency for occupational and environmental health and safety has been developing, within the framework of the Workplace Health Plan 2005–09, occupational exposure limits for chemical substances. The Committee asks the Government to continue to provide information on the development of the abovementioned occupational exposure limits, and to indicate the measures taken or envisaged in law and in practice to ensure that the number of workers exposed to carcinogenic substances or agents, and the duration and degree of such exposure, is reduced to the minimum compatible with safety.

Part IV of the report form. Application in practice. The Government indicates that the Cancer Plan 2003–07 and the Workplace Health Plan 2005–09 promoted the substitution of carcinogenic, mutagenic and toxic (CMR) substances for non-dangerous or less dangerous substances. The Committee also notes the information indicating that campaigns were undertaken on CMR and asbestos in 2006, on sawdust in 2008, and cleaning and vehicle repair enterprises in 2010. The Committee further notes the statistical information indicating the number of cases of recognized occupational cancer declared between 2004 and 2007. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical information on cases of occupational cancer.

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

Further to its observation, the Committee notes the information provided in the Government’s report indicating that the entire Labour Code has been recodifed by Decree No. 2008-244. With regard to the application of the Convention, the Committee notes that the Government has indicated that regulations on risks associated with chemical agents have been strengthened, and EU Directives establishing lists of limit values for occupational exposure have been transposed, by Decrees Nos 2006-133, 2007-1539 and 2009-1570. The Committee also notes the information that there has been a consolidation of regulations concerning noise under Decree No. 2006-892. The Committee further notes the references by the Government to a number of provisions in the Labour Code which specify preventive technical measures to be undertaken by the employer to eliminate or reduce, to the extent possible, risks related to exposure by air pollution, noise and vibrations, thereby giving effect to Article 9. The Committee asks the Government to continue to provide information on legislative amendments undertaken with regard to the Convention.

Article 5(4) of the Convention. Opportunity for representatives of the employer and of the workers to accompany inspectors. The Committee notes the reference by the Government to section L.4612-7 of the Labour Code, which indicates that representatives of workers have the right to be informed by the employer of the presence of inspectors and be able to present their observations. The Committee asks the Government to indicate the measures taken or envisaged to ensure that representatives of the employer and of the workers have the opportunity to accompany inspectors.

Article 7(2). Right of workers or their representatives to present proposals, obtain information and training, and to appeal to appropriate bodies. The Committee notes the reference by the Government to section L.2313-1 of the Labour Code, which gives representatives of workers the right to submit individual or collective claims to the employer, and to refer all complaints and observations to the workplace inspector. The Committee asks the Government to provide further information on the measures taken in law and in practice to ensure that both workers and their representatives have the right to present proposals, obtain information and training, and to appeal to appropriate bodies.

Article 12. Processes, substances, machinery and equipment, the use of which has to be notified to the competent authority. The Committee notes the information provided by the Government indicating that there are no obligations which require notification to the competent authorities on the use of processes, substances, machinery and equipment which involve exposure to air pollution, noise or vibrations. The Committee does note, however, that by Order of 27 October 2009, devices designed to reduce noise and vibrations that are sold separately must meet all relevant technical requirements and be certified. The Committee asks the Government to provide further information on other measures in place requiring the use of certain processes, substances, machinery or equipment to be notified to the competent authority.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating the activities undertaken by the labour inspectorate in 2009, including the number of notices and fines issued, and observations written up, disaggregated by type of hazard. The Committee notes that 37 fines were issued concerning correct ventilation and sanitation in relation to air pollution. The Committee asks the Government to continue to provide information on the application of the Convention in practice, and in particular to provide information on the number of workers covered by the legislation; the number and nature of contraventions reported; the number, nature and causes of accidents and occupational diseases reported, etc; and information on any practical difficulties in the application of the Convention.

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

The Committee notes the information in the Government’s latest report, and the attached legislation, indicating that France has completed its organizational reform of radiation protection by Law No. 2006-686 of 13 June 2006 on transparency and security in nuclear material, which creates a new independent administrative body called the Nuclear Safety Authority (ASN). The Committee notes that the ASN can make decisions to supplement the technical arrangements implementing the provisions of the Labour Code in radiation protection, and that these decisions are subject to the approval of the Minsters of Labour and Agriculture. The Committee further notes that the ASN issued Decision No. 2010‑DC‑175 on 4 February 2010, approved by the Order of 21 May 2001, specifying the technical methods and frequency of inspections as required in the Labour Code and the Public Health Code. The Committee asks the Government to continue to provide information on relevant legislative measures undertaken with regard to the 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 brief response provided by the Government indicating that action undertaken at the national level, to ensure the full application of the rules protecting workers in undertakings using ionizing radiation, other than natural sources, responds in particular to comments made by the Committee with regard to appropriate measures to ensure the application of this Article of the Convention. The Committee recalls that section R.231-96 of the Decree of 31 March 2003 provides that a worker directly engaged in radiation work may not be assigned to work exposing them to ionizing radiation, except in the event of a situation of radiological emergency, where one of the limits determined in sections R.231-76 and R.231-77 has been exceeded. The Committee notes that no information has been provided on measures offered to provide workers with alternative employment or other means for maintaining their income, and therefore wishes to again draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In light of the foregoing, the Committee hopes the Government will consider appropriate measures to ensure that every effort is made to provide these workers with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Part III to V of the report form. Application in practice. Inspection services and legal decisions. The Committee notes the information provided by the Government regarding the 2010 national inspection campaign on the application of the regulatory system in undertakings using ionizing radiation, other than natural sources. The Committee further notes the information which indicates that the analysis of this campaign, in which approximately 2,000 undertakings were inspected, will allow for an evaluation of the level of application of the regulation relevant to this sector, and the identification of any gaps. The Committee asks the Government to continue to provide information on the application of this Convention in practice.

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

The Committee notes with satisfaction that full effect has been given to Articles 4(1) and 8(3) of the Convention through the adoption of Law No. 2009‑526, which amends section L.4621-1 of the Labour Code, and, as a result, removes the exception for transport enterprises in relation to provisions concerning air pollution, noise and vibrations; and the extension of coverage under Decree No. 2009-781 of provisions concerning prevention against vibrations to extractive industries (mines and quarries).

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

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

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

2. Article 3, read in conjunction with Article 7, paragraphs 2 and 7, of the Convention. Legislation ensuring implementation of provisions on the use of scaffolds and their periodical inspection. The Committee notes with interest Decree No. 2004‑924 of 1 September 2004 on the use of working installations made available for temporary overhead work, modifying the Labour Code and Decree No. 65-48 of 8 January 1965, by supplying supplementary measures on the execution of temporary overhead work and the installations made available and used for this purpose; the Order of 21 December 2004 on the inspection of scaffolding, modifying the annex to the Order of 22 December 2000 concerning conditions and modalities of approval of bodies for the inspection of compliance of work installations, laying down the conditions of execution and periodicity of inspection of scaffolds. The Committee requests the Government to keep the Office informed on all legislative amendments made during transposition of European directives into French law.

3. Article 3(a). Requirement of the employer to bring the relevant legislation to the notice of temporary workers. Referring to its previous comments regarding the lack in Decree No. 99-884 of 18 October 1999 and in other instruments of provisions requiring the employer to bring legislation and regulations ensuring application of provisions concerning safety prescriptions to the notice of all persons concerned, particularly temporary workers, the Committee notes the reference made by the Government in its report to the provision of the Labour Code concerning training on safety at work for all workers, including those engaged on a temporary work contract. Since the Government’s latest report contains no information on the requirement for the employer to bring legislation and regulations ensuring application of the provisions concerning safety prescriptions to the notice of temporary workers, the Committee repeats its request to the Government to take the necessary measures so that the relevant legislation is brought to the notice of this category of workers, in a manner approved by the competent authority.

4. Article 3(b). Designation of persons responsible for the application of requirements on safety and health. The Committee notes with interest Decree No. 2003-68 of 24 January 2003 concerning coordination on safety and health protection during building and civil engineering operations, modifying the Labour Code by requiring the client to specify a health protection coordinator as soon as the phase of preparing the initial outline project begins; of the Order of 25 February 2003 on the application of section L235-6 of the Labour Code by establishing a list of high-risk work for which a general, simplified coordination plan on safety and health protection is required; of the Order of 25 February 2003, modifying the Order of 7 March 1995, as amended, concerning training of coordinators and trainers of coordinators on safety and health, as well as the approval of training bodies (section R.238-15 of the Labour Code), and modifying the Order of 3 October 1984, as amended, on the Special Commission on the Prevention of Specific Risks in the Building and Public Works Sectors. The Committee notes that, according to the Government’s report, the abovementioned Decree has made it possible to strengthen the methods of designating the conception coordinator; to restrict the improper accumulation of the function of coordinator with that of the client in particular; and to simplify the machinery to be established for carrying out the plans for the work, which is included on the list of high-risk work. The Committee requests the Government to supply information concerning the practical application of measures associated with the activities of coordinators for health protection.

5. Article 4 and Part V of the report form. Inspection activities to ensure the effective application in practice of legislation concerning safety requirements in the building industry. The Committee notes the circular dated 27 June 2005 sent to the inspection services to specify the changes made and to recall the various regulations to be taken into consideration, in particular in carrying out building and civil engineering work. The Committee notes the statistics on occupational accidents in the building and public works industries, as well as the information that fatal accidents in this sector of the industry increased from 157 in 2002 to 181 in 2003. The Committee requests the Government to continue to supply in its next report detailed information on the application in practice of the Convention, including extracts from inspection reports. It also requests the Government to indicate the measures taken or envisaged to cut down the number of fatal accidents.

6. Finally, 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 which is perhaps more appropriate for the current situation in the building sector. The Committee recalls that the ILO Governing Body requested member States parties to Convention No. 62 to envisage ratifying Convention No. 167, which entails, ipso jure, in the immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to keep it informed of any decision taken in this regard.

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

1. The Committee notes the information contained in the Government’s reports. It notes in particular that the specific rules on the prevention of carcinogenic, mutagenic and toxic (CMR) risks have been supplemented by Decree No. 2003-1254 of 23 December 2003. It also notes with interest the new procedure for halting work in the event of “chemical risk” introduced by Act No. 2002-73 of 17 January 2002 on social modernization.

2. Article 2, paragraph 1, of the Convention. Replacement of carcinogenic substances or agents with less dangerous or non-carcinogenic substances or agents. The Committee notes that in its reply to the Committee’s previous comments, the Government’s statement that there cannot be general and universal criteria for ascertaining the technical feasibility of replacing a carcinogenic agent with a less harmful or a non-carcinogenic agent when there are tens of thousands of different uses for the 400 or so known carcinogenic substances used in the work environment. The Government also states that Decree No. 2001-97 of 1 February 2001 confirms the role and liability of the employer in this matter, under which employers are required to prove, in the course of their risk evaluation studies, that they have actually attempted to replace the CMR agents they are still using and, in particular, that they have made unsuccessful approaches to prevention bodies, their suppliers or their customers. In order to assess technical feasibility, employers may have to take account of criteria that are purely technological or that are related to the nature of the exposure. Such criteria are liable to change and so allow preventive action to be improved. The Committee requests the Government to continue to provide information on measures taken to replace carcinogenic substances and agents by non-carcinogenic substances or agents or by less harmful substances or agents.

3. Article 2, paragraph 2. Reducing the number of workers exposed to carcinogenic substances or agents. The Committee notes the Government’s statement that section R.231-56-3(2) of the Labour Code, reducing the number of workers exposed to as low a level as is “technically possible”, is more protective than the notion in Article 2, paragraph 2, of the Convention, because it implies an ongoing effort which does not stop once the “safety minimum” has been reached and is only limited by nothing other than the status of technology. The Committee notes that although, according to the Government’s reasoning, an effort may be demanded beyond the “safety minimum”, the effort may stop before the safety minimum is reached when it is not technically possible to reach another level. In other words, the provision of the Convention lays down a requirement for minimum safety which is not determined by technological or economic resources, but by the need to protect workers. The Committee requests the Government to indicate how it determines the threshold defined as “the minimum compatible with safety” in Article 2, paragraph 2, in order to reduce the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure.

4. Part IV of the report form. The Committee notes with concern the growing number of cases of occupational cancer indicated in the Government’s report (840 cases in 2000 and 1,279 in 2002). It notes the Government’s statement that the increase in the number of cancers acknowledged to be occupational in origin is linked to exposure to asbestos in the past and that the increase is in part due to the law (because the Act on Social Security Funding for 1999 enabled persons with asbestos-related ailments to be reinstated in their entitlements) and is also epidemiological in nature (because France has not yet reached the peak of the curve regarding estimates of cancers expected due to exposure that occurred several decades ago). The Government also indicates that wood dust is the main causal agent, being at the origin of 67 recognized occupational cancers. With regard to the practical application of the Convention, the Government indicates that France continues to provide particularly good protection in respect of CMR agents – well beyond its international or European obligations. It plans to establish by decree new thresholds for occupational exposure in respect of CMR agents. Lastly, the Committee notes that, according to the Government, section 188 of the Act on Social Modernization reinforces even further the protection of workers against the risks involved in exposure to carcinogenic substances and agents. There is to be a procedure for halting work in the event of “chemical risk”. Under the Act, where a regulatory and binding limit of occupational exposure is exceeded, the Labour Inspectorate may order a halt to activities in the enterprise until compliance with the rules of protection is resumed. The Committee requests the Government to continue to provide statistical information on cases of occupational cancer.

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

1. The Committee notes the information contained in the Government’s report, and particularly that the provisions of sections L.231-1 and L.231-2 of the Labour Code are applicable to public road transport enterprises, to private transport enterprises and to enterprises for air transport and allied activities, thereby giving effect to Article 1, paragraph 1, of the Convention.

2. Article 4, paragraph 1, and Article 8, paragraph 3. Prevention and control of occupational hazards and protection against such hazards. The Committee notes the adoption of Decree No. 2005-746 of 4 July 2005 respecting safety and health requirements applicable in cases of exposure of workers to risks due to mechanical vibrations (amending the Labour Code). Although the provisions of this Decree strengthen the rules for the protection of the health of workers in relation to hazards due to vibrations, the Committee notes that the Decree’s provisions do not appear to apply to work in mines and quarries, or in rail, road, sea and air transport enterprises. The Committee requests the Government to provide information in its next report on the measures taken or envisaged to secure the protection of workers against occupational hazards due to vibrations in mines and quarries, as well as in rail, road, sea and air transport enterprises.

3. Article 5, paragraph 4, Article 7, paragraph 2, and Article 9. Opportunity for representatives of the employer and of workers to accompany inspectors; right of workers or their representatives to take action to ensure protection against occupational hazards due to air pollution, noise and vibration and the elimination of any hazard due to these risks. The Committee notes that the Government has not provided information on the issues raised previously. It therefore reiterates its request to the Government to provide information in its next report on the application of these Articles of the Convention.

4. Article 12. Processes, substances, machinery and equipment, the use of which has to be notified to the competent authority. The Committee notes that section R.232-8-1(III) of the Labour Code provides that the results of measurements of exposure to noise shall be made available to the labour inspector who is consequently informed of all noisy activities located in an enterprise. The Committee requests the Government to indicate whether effect is given to this Article by a system under which permits may be issued or by establishing conditions for the exercise of activities requiring the use of certain processes, substances, machinery or equipment and, if so, to provide information on its application in practice.

5. Part IV of the report form. The Committee notes the statistical data attached to the report relating to trends in the number of occupational diseases registered between 1994 and 2003, and the results of medical supervision of hazards and analysis of measurements relating to noise at work. The Committee requests the Government to provide additional information on the practical application of the Convention, including relevant extracts of inspection reports and any statistics available on the number of infringements reported and any sanctions imposed.

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

1. Further to its observation, the Committee wishes to bring the Government’s attention to the following points.

2. The Committee notes that the Government indicates in its report that a draft order defining the monitoring arrangements for radiation protection and repealing the Order of 1 June 1990 establishing the monitoring methods employed by the approved body, and the Order of 2 October 1990 defining the monitoring arrangements for sealed sources and plants, is envisaged for October 2005. It requests the Government to provide copies of the relevant legislative texts once they have been adopted.

3. Parts III and IV of the report form. Application in practice - inspection services and legal decisions. The Committee notes the information provided concerning the Committee on Hygiene, Safety and Working Conditions as well as on the labour inspection system and its powers related to monitoring and sanctions. It also notes the decisions handed down by the Court of Appeal concerning the application of the Convention indicating that it appears that the Convention is properly applied in France. It requests the Government to continue to provide information on the application in practice of the Convention.

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

1. The Committee notes the Government’s report and the information provided in response to the Committee’s comments and wishes to bring the Government’s attention to the following points.

2. Article 7 of the Convention. Limits on loads for women and young workers. The Committee notes that the Government envisages a complete review of chapter IV of title II of the Labour Code relating to those provisions applying to women and young workers which will allow for rules on protection concerning exposure to hazardous work or products to be updated. However, the Committee notes that the Government does not mention the inclusion of measures to raise the minimum age for assignment to manual transport of loads to 16 years, nor the measures taken or envisaged with a view to limiting the assignment of women to manual transport of light loads not exceeding, as far as possible, 15 kg. The Committee requests the Government to indicate the measures taken or envisaged to this effect as well as to provide in its next report a copy of the revised Labour Code.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its report, and particularly the following.

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure that the Convention is applied to work in mines and quarries and rail, road, sea and air transport undertakings which are excluded from the scope of the Labour Code by virtue of section L.231-1.

The Committee notes the information supplied by the Government in its report to the effect that some of these areas are subject to particular provisions. The Committee also notes Decree No. 92-711 of 22 July 1992, taken in application of and supplementing the General Regulations for Extraction Industries (RGIE) instituted by Decree No. 80-331 of 7 May 1980, revised, which contains provisions relating to the prevention of hazards due to noise in mines and quarries. The Committee also takes note that rail transport is regulated by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 2 which makes applicable to the national railway company (SNCF) the provisions of the Labour Code relating to ventilation and hygiene and by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 3 of 26 July 1999 which makes applicable to the SNCF the provisions of the Labour Code concerning protection of workers against noise.

With a view to ensuring application of the provisions of the Convention to all branches of activity, while taking note of the information supplied, the Committee requests the Government to indicate, in addition to the measures taken, any which have been adopted or are envisaged in regard to road, air and sea transport, with the exception of merchant shipping, and to attach a copy of all applicable texts.

Articles 4(1) and 8(3). In regard to air pollution, the Committee notes Decree No. 97-331 of 10 April 1997 concerning the protection of workers exposed to inhalation of crystalline silica dust at workplaces which sets a maximum level for this type of dust. It also notes that two draft decrees are currently before the Council of State for employees likely to be exposed to agents which are harmful to reproduction. It requests the Government to supply copies of these texts when they are adopted.

In addition, it requests the Government to indicate the measures taken or envisaged in order to ensure by laws or regulations the protection of workers against occupational hazards due to vibration, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibration transmitted both to the upper limbs and to other parts of the body.

Article 9. Further to its previous comments, the Committee notes the draft European directive published in 1993 by the Commission of the European Communities concerning minimum safety and health prescriptions relating to exposure of workers to hazards due to physical agents which is currently under study by the Council of the European Union and which covers vibration. The Committee notes that this text, once adopted, will permit the establishment, by incorporation, of national provisions regulating vibration inter alia. The Committee requests the Government to inform it of any development in this matter and to communicate copies of the texts it envisages adopting or measures it has taken to assess the conformity of these provisions with the Convention. It requests the Government once again to provide information on the technical measures applied for new plant or processors in their design or installation, or added to existing plant or processors to ensure that, as far as possible, the working environment is kept free from any hazard due to vibration.

Article 12. The Committee notes from the Government’s report that Directive 86/188/CEE of 12 May 1986 on the protection of workers against hazards due to noise, the text of which constitutes the source of French law, does not imply an obligation to notify the competent authorities of the use of processes, substances, machines - specified by the competent authority - entailing exposure of workers to hazards due to air pollution, noise or vibration at the workplace. The Committee, however, recalls that application of the provisions of Article 12 of the Convention entails the imposition of such an obligation to notify the competent authorities. The Committee therefore requests the Government to supply information on the measures taken or envisaged to ensure application of the provisions of this Article.

The Committee notes that the Government has supplied no information on the various points raised previously and therefore reiterates its comments.

Article 5, paragraph 4. In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2. The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

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

1. The Committee notes with interest the Government’s detailed report, as well as the reform of the operational organization of the radiation protection system through the adoption of Act No. 2004-806 of 9 August 2004 relating to public health policy and the establishment in 2002 of an institute for the inspection of radiation protection - the Institute for Radiological Protection and Nuclear Safety (IRSN) - responsible for monitoring, for a single nuclear activity, the application of the provisions of the Public Health Code and the Labour Code concerning protection against radiation. The Committee also notes the reference made to the adoption of Ordinance No. 2001-270 of 28 March 2001 introducing the general principles of radiation protection into the Public Health Code and harmonizing the provisions relating to the protection of workers with the so-called "pro rata" principle according to which exposure level - defined over a period of 12 months - is adjusted pro rata to the effective time of the contract in order to protect the workers who work under short-term or temporary contracts.

2. Article 8 of the Convention. Workers not engaged in radiation work. The Committee notes with interest the Government’s explanations regarding sections R.1333-8 and R.1333-9 of the Public Health Code which provide that exposure to radiation due to nuclear work must not exceed 1 mSv per year for workers whose exposure is not the result of their professional activities.

3. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s response indicating that sections R.231-96, R.231-76 and R.231-77 of the Decree of 31 March 2003, read in conjunction with sections L.122-3-17 and L.124-22 of the Labour Code, ensure the application of Article 14. In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

4. The Committee is addressing a request directly to the Government concerning the application of certain other provisions of the Convention.

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

The Committee notes the information provided by the Government in its report. It notes with interest the information on the measures relating to emergency situations. The Committee notes with satisfaction the adoption of Decree No. 2003-296 of 31 March 2003 respecting the protection of workers against the dangers of ionizing radiation, which gives effect to the provisions of Articles 3, paragraph 1, 6, paragraph 2, and 7, paragraph 1, of the Convention.

It wishes to draw the Government’s attention to the following points.

1. Article 8. The Committee notes the Government’s indication in its report in 2001 concerning the draft Decree to strengthen the protection of workers against the dangers of ionizing radiation in the context of the transposition of European Directive Euratom 96/29 of 13 May 1996 into the national legislation. This Decree will result, among other measures, in a lowering of exposure limit values taking into account the recommendations of the ICRP of 1990 and in accordance with the Directive. With regard to the dose limit for workers not directly engaged in radiation work, the Government indicates that it is its intention to set the limit value, de lege ferenda, at 1 mSv, which is the limit value for the population. The Committee notes that sections R.231-75 to R.231-77 of Decree No. 2003-296 of 31 March 2003 on the protection of workers against the dangers of ionizing radiation determines exposure limit values for the various categories of workers. However, Decree No. 2003-296 does not appear to indicate the permissible levels of exposure for workers not directly engaged in radiation work. In this respect, the Government indicates that the current regulations set out a limit value of 5 mSv for workers not engaged in radiation work, which exceeds the limit value of 1 mSv recommended by the ICRP. The Committee therefore requests the Government to indicate the measures adopted or envisaged to lower the limit value for workers not engaged in radiation work to 1 mSv.

2. Article 14. Provision of alternative employment. The Committee notes with interest section R.231-96 of the Decree of 31 March 2003 respecting the protection of workers against the dangers of ionizing radiation, which provides that a worker directly engaged in radiation work may not be assigned to work exposing him or her to ionizing radiation, except in the event of a situation of radiological emergency, where one of the limits determined in sections R.231-76 and R.231-77 has been exceeded. The Committee understands that this provision implies the obligation to provide alternative employment to a worker who has been subject to an accumulated exposure beyond which she or he would incur and unacceptable risk to her or his health. It therefore requests the Government to confirm that this provision in practice imposes such an obligation.

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

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

1. The Committee notes Act No. 96-452 of 28 May 1996 providing various health, social and statutory measures, and particularly section 39 which extends the inspection services’ power to stop work on a site in the absence of safety devices for protecting against the risks inherent in operations for confining and removing asbestos; Decree No. 96-725 of 14 August 1996 concerning technical rules and approval procedures applicable to work equipment and protection devices subject to section L. 233-5 of the Labour Code enacting various European Directives which, according to the Government’s report, will provide better early prevention planning from the preliminary study stage; Decree No. 98 1084 of 2 December 1998 enacting European Union Council Directive 95/63/EC of 5 December 1995, amending Directive 89/655/EEC of 30 November 1989 concerning minimum safety and health requirements for the use of work equipment by workers at work, which includes provisions of the European Directive concerning training of employees who use such equipment, particularly on building and public works (BTP) sites where risks entailed in the use of hoisting equipment are particularly high; Decree No. 99-884 of 18 October 1999 concerning the occupational prevention body on building and public works (OPPBTP) and which established a contribution in the workers’ names; Decree No. 2000-855 of 1 September 2000 concerning placing of hoisting equipment and mobile machinery on the second-hand market; and Decree No. 2001-97 of 1 February 2001 concerning the prevention of risks that are carcinogenic, mutagenic or toxic for reproduction.

The Committee notes the communication by the Government of the five-year assessment of application of the provision enacting Directive 92/57 of 24 June 1992. It notes that, pursuant to this assessment, regulatory corrections submitted to the Council of State must be made. The Committee requests the Government to keep the Office informed of the measures taken in relation to these corrections.

The Committee also notes the Government’s statement to the effect that the Order of 7 March 1995, which is one of the regulatory texts implementing Directive 92/57, must be reformulated to strengthen training of coordinators in safety and health protection; the Committee requests the Government to supply the text once it has been reformulated.

2. The Committee notes the observation by the French Democratic Confederation of Labour (CFDT) to the effect that the Government’s report omits the particular problem of scaffolding. The Confederation announces that working at heights is the subject of a recent European Directive which should be integrated into French law.

The Committee believes that this could be Directive 2001/45/EC of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work which the Government refers to in its report and which will be enacted into French law. The Government indicates that this text contributes to application of the provisions of the Convention, particularly in regard to scaffolding. The Committee requests the Government to keep the Office informed of the provisions adopted and modifications made in enacting this text into domestic legislation.

3. Article 3(a) of the Convention. The Committee notes that section 4 of Decree No. 99-884 of 18 October 1999, cited by the Government in its report, establishes a contribution to be made for temporary workers placed at the disposal of building and public works enterprises. According to the Government, the wages paid to this category of workers did not enter into the value of wages serving as the basis for calculating contributions by enterprises whereas these employees, because of their temporary status, were particularly concerned by the action of the OPPBTP. The Committee notes that this provision does not require the employer to bring the legislation and regulations applying the provisions concerning safety prescriptions to the notice of all those concerned, particularly temporary workers, a category which the CFDT, in its previous comments and in the absence of statistics on the subject, places at some 80,000 in the sector. The Committee also notes that, according to the Government’s latest report, the resumption of activity in the sector, which has been gathering pace throughout 1998 was carried out through massive use of temporary labour which has undergone an absolute explosion, with an increase of some 30,000 persons in man-year equivalent. The Committee requests the Government to take the necessary measures so that the relevant legislation is brought to the notice of temporary workers by the employer in a manner approved by the competent authority.

Article 4, and Part V of the report form. The Committee notes the information supplied by the Government, particularly statistics for 1993 on occupational accidents and the provisional data for 1994, as well as information on implementation of the so-called "site closure" procedure since the beginning of its effective application and the five-year assessment of application of the provision enacting Directive 92/57 of 24 June 1992. It requests the Government to continue to supply in its next report information on the practical application of the Convention.

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

The Committee notes the information provided by the Government in its reports. It notes with interest the adoption of Decree No. 2001-97 of 1 February 2001 establishing particular rules for the prevention of carcinogenic, mutagenic and toxic risks to reproduction and amending the Labour Code (Part Two: Decree in the Council of State), which extends the protection conferred by French legislation in force concerning the prevention of carcinogenic risks, regulated by section R.231-56 ff. of the Labour Code, to the rules of prevention that apply to mutagenic and toxic agents. In this regard, the Committee notes that the abovementioned Decree comprises in particular provisions which reinforce the implementation of the Convention by even exceeding the requirements of its provisions.

However, the Committee, referring to its previous comments, would like to draw the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. The Committee again notes that, under section R.231-56-2 of the Labour Code, the employer is required to reduce the use of a carcinogenic agent at the workplace, in particular by replacing it, where this is technically feasible, with a substance, preparation or process which, in the conditions in which it is used, is not harmful or is less harmful to the health and safety of workers. The Committee once again asks the Government to indicate the criteria used in evaluating technical feasibility with regard to the replacement of carcinogenic substances by substances which are non-carcinogenic or less harmful and the methods applied for this purpose.

Article 2, paragraph 2. The Committee notes that in the event of exposure and where other preventive measures, such as replacement of carcinogenic substances or agents or production and use in a closed system, are not feasible, the employer is required under section R.231-56-3, paragraph 2, of the Labour Code, to reduce the level of exposure to the technically feasible minimum. The measures aimed at reducing the number of workers exposed to carcinogenic substances or agents, as well as the duration and level of exposure, therefore depend on what is "technically feasible". The Convention, for its part, requires that these be reduced to the "minimum compatible with safety". As these concepts are not necessarily equivalent, the Committee asks the Government to indicate the criteria used in evaluating "technical feasibility", how these criteria conform to the required "minimum compatible with safety", and the methods of evaluation.

Part V of the report form. The Committee notes with concern the statistics provided by the Government concerning the number of recognized cases of occupational cancer. It observes that the figure recorded for 1999 (799 cases) is practically double that of 1998 (394 cases). The Committee hopes that the Government will continue to provide information on the practical implementation of the Convention and will take the necessary measures, in the light of the abovementioned figures, to ensure extensive protection of workers against the risks arising from exposure to carcinogenic substances and agents.

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

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

Article 7 of the Convention.  The Committee notes that section R 234-6 of the Labour Code prescribes limits for lifting and transporting of loads by young workers under the age of 18 and by women assigned to manual transport, in accordance with Article 7 of the Convention, in regard to the restriction of loads for young workers, on the basis of their age. The Committee notes, however, that by virtue of section R 234-6 of the Labour Code, young persons under 16 years old may be required to carry, drag or push loads, varying from 8 to 20 kg according to their age and sex. In this context, the Committee draws the Government’s attention to Paragraphs 21 and 22 of Recommendation No. 128. This provision suggests that, on the one hand, where the minimum age for assignment to manual transport of loads is less than 16 years, as is possible under French legislation, section R 234-6 of the Labour Code, measures should be taken as speedily as possible to raise it to 16 years and that, on the other hand, the minimum age for assignment to regular manual transport of loads should be raised, with a view to attaining a minimum age of 18 years.

The Committee therefore requests the Government to indicate the measures taken or envisaged so that children under 16 years old will not be assigned to such work which is likely to compromise their health.

The Committee notes, in addition, that section R 234-6 of the Labour Code sets at 25 kg the maximum load which may be lifted and transported by women aged 18 years and above. In this context, the Committee refers to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), indicating 15 kg as the limit, recommended from an ergonomic point of view, admissible for occasional lifting and carrying for a woman aged over 15 years; yet section R 234-6 indicates a limit of 25 kg for women aged 18 years and over.

The Committee therefore requests the Government to indicate the measures taken or envisaged with a view to restricting the assignment of women to transport of light loads not exceeding, as far as possible, 15 kg. The Committee requests the Government to report on any progress made.

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

The Committee notes the information supplied by the Government in its report, and particularly the following.

Article 1, paragraph 1, of the Convention.  In its previous comments, the Committee requested the Government to indicate the measures taken to ensure that the Convention is applied to work in mines and quarries and rail, road, sea and air transport undertakings which are excluded from the scope of the Labour Code by virtue of section L.231-1.

The Committee notes the information supplied by the Government in its report to the effect that some of these areas are subject to particular provisions. The Committee also notes Decree No. 92-711 of 22 July 1992, taken in application of and supplementing the General Regulations for Extraction Industries (RGIE) instituted by Decree No. 80-331 of 7 May 1980, revised, which contains provisions relating to the prevention of hazards due to noise in mines and quarries. The Committee also takes note that rail transport is regulated by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 2 which makes applicable to the national railway company (SNCF) the provisions of the Labour Code relating to ventilation and hygiene and by the Regulation on Hygiene and Safety at Work PS 9 D3 No. 3 of 26 July 1999 which makes applicable to the SNCF the provisions of the Labour Code concerning protection of workers against noise.

With a view to ensuring application of the provisions of the Convention to all branches of activity, while taking note of the information supplied, the Committee requests the Government to indicate, in addition to the measures taken, any which have been adopted or are envisaged in regard to road, air and sea transport, with the exception of merchant shipping, and to attach a copy of all applicable texts.

Articles 4(1) and 8(3).  In regard to air pollution, the Committee notes Decree No. 97-331 of 10 April 1997 concerning the protection of workers exposed to inhalation of crystalline silica dust at workplaces which sets a maximum level for this type of dust. It also notes that two draft decrees are currently before the Council of State for employees likely to be exposed to agents which are harmful to reproduction. It requests the Government to supply copies of these texts when they are adopted.

In addition, it requests the Government to indicate the measures taken or envisaged in order to ensure by laws or regulations the protection of workers against occupational hazards due to vibration, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibration transmitted both to the upper limbs and to other parts of the body.

Article 9.  Further to its previous comments, the Committee notes the draft European directive published in 1993 by the Commission of the European Communities concerning minimum safety and health prescriptions relating to exposure of workers to hazards due to physical agents which is currently under study by the Council of the European Union and which covers vibration. The Committee notes that this text, once adopted, will permit the establishment, by incorporation, of national provisions regulating vibration inter alia. The Committee requests the Government to inform it of any development in this matter and to communicate copies of the texts it envisages adopting or measures it has taken to assess the conformity of these provisions with the Convention. It requests the Government once again to provide information on the technical measures applied for new plant or processors in their design or installation, or added to existing plant or processors to ensure that, as far as possible, the working environment is kept free from any hazard due to vibration.

Article 12.  The Committee notes from the Government’s report that Directive 86/188/CEE of 12 May 1986 on the protection of workers against hazards due to noise, the text of which constitutes the source of French law, does not imply an obligation to notify the competent authorities of the use of processes, substances, machines - specified by the competent authority - entailing exposure of workers to hazards due to air pollution, noise or vibration at the workplace. The Committee, however, recalls that application of the provisions of Article 12 of the Convention entails the imposition of such an obligation to notify the competent authorities. The Committee therefore requests the Government to supply information on the measures taken or envisaged to ensure application of the provisions of this Article.

The Committee notes that the Government has supplied no information on the various points raised previously and therefore reiterates its comments.

Article 5, paragraph 4.  In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2.  The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

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:

Referring also to its observation under the Convention, the Committee requests the Government to supply supplementary information on the following points.

1.  Article 8 of the Convention.  The Committee notes the Government’s indication that there is no distinction between the exposure limits applicable to workers directly engaged in radiation work, on the one hand, and those who are not, on the other. The Government also indicates that the radiation protection arrangements are identical for all workers whether they are employed by enterprises working directly with radiation or by external enterprises, as the regulatory provisions rely on the existence of the hazard (presence of a source of radiation) and its intensity (work in controlled zones or supervised zones). Under Article 8 of the Convention, appropriate levels must be fixed for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. In this connection, the Committee is bound to draw the Government’s attention once again to paragraph 14 of its 1992 general observation. It recalls that the dose limits for such workers must be the same as those applied to individual members of the public, namely, according to the 1990 ICRP Recommendations, 1 mSv a year averaged over five consecutive years. It requests the Government to indicate the measures taken or contemplated so that workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances, are not exposed to doses higher than those applied for the public.

2.  Provision of alternative employment.  The Committee notes with interest the information supplied by the Government to the effect that a draft reform designed to enhance protection for workers who have been subjected to cumulative exposure is being prepared. The Government indicates that this draft should make it possible for workers on short-term contracts to avoid an accumulation of problems linked with their temporary employment and those resulting from exposure close to annual limits. The Committee requests the Government to supply information on the measures contemplated with regard to the provision of alternative employment to workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur.

3.  In regard to the provisions designed to ensure the provision of data regarding exposure of workers on which the French Democratic Confederation of Labour (CFDT) commented, the Committee notes the information supplied by the Government to the effect that the draft reform mentioned above is intended to clarify the arrangements for transmitting such information to workers themselves and to the Occupational Safety and Health and Conditions of Work Committee. It requests the Government to continue to supply information on measures taken in this respect.

4.  Protection against accidents and during emergency situations.  The Committee notes the information supplied by the Government on measures relating to emergency situations. It requests the Government to supply further information on the circumstances in which exceptional exposure of workers may be authorized as well as on the measures intended to optimize the protection against accidents and during emergency operations, particularly in regard to the design and protective features of the workplace and equipment and the development of techniques which, during emergency interventions, would avoid exposure of persons to ionizing radiation.

Observation (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 reads as follows:

1.  Review of maximum permissible doses and effective protection of workers in the light of new knowledge (Articles 3, paragraph 1, and 6, paragraph 2, of the Convention).  The Committee notes that the Government indicates that by the year 2000 the maximum permissible dose of exposure of workers to ionizing radiation currently in force will be replaced by a new limit of 100 mSv over five consecutive years, in accordance with the prescriptions of Directive 96/29/Euratom, adopted in May 1996. With reference to its previous observation and its 1992 general observation, the Committee recalls that the International Commission on Radiological Protection (ICRP), in recommendations formulated in 1990, sets a limit of 20 mSv per annum averaged over five years provided that the actual dose does not exceed 50 mSv in any one year. Moreover, in 1994 the limits established by the ICRP were incorporated in the International Basic Safety Standards. The Committee hopes that the Government will soon be in a position to report the adoption of provisions in conformity with the dose limits mentioned in its 1992 general observation, in the light of current knowledge such as that contained in the 1990 ICRP Recommendations and the 1994 International Basic Safety Standards.

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

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

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. In its previous comments the Committee noted the exclusion from the scope of the provisions of the Labour Code of mines and quarries and rail, road, sea and air transport (section L.231-1 of the Code); it again asks the Government to indicate the measures taken to ensure that the Convention is applied to the above branches of activity, with the exception of merchant shipping, and to provide a copy of the texts that apply.

Article 5, paragraph 4. In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2. The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

Article 12. With reference to its previous comments the Committee once again asks the Government to provide information on the measures taken to establish the obligation to notify to the competent authorities the use of processes, substances, machinery or equipment -- specified by the competent authority -- which involve exposure of workers to occupational hazards due to air pollution, noise and vibration.

Vibration

Articles 4 and 8, paragraphs 1 and 3. The Committee notes with interest the information supplied by the Government in its report concerning the criteria for determining the risks of exposure to vibrations transmitted to the upper limbs and the limits of exposure fixed in this connection by the National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases (CNRS) in standard no. AFNOR NF E90-402 of October 1986, whose application is optional. It asks the Government to indicate the measures taken or envisaged in order to establish in laws or regulations the protection of workers against occupational hazards due to vibrations, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibrations transmitted both to the upper limbs and to other parts of the body.

Article 9. With reference to its previous comments the Committee once again asks the Government to provide information on the technical measures prescribed for new plant or processes in design or installation, or added to existing plant or processes to ensure that, as far as possible, the working environment is kept free from any hazard due to vibrations.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its first report. It also notes the observations of the French Democratic Federation of Labour (CFDT) on the application of the Convention. It asks the Government to provide additional information on the following points.

1. Article 1, paragraph 1, of the Convention. The Committee notes that the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control are determined periodically. In this connection, it notes with interest Decree No. 96-1133 of 24 December 1996 respecting the prohibition of asbestos. The Committee notes however that the CFDT refers to a lack of transparency in the legislation as to the various lists of carcinogenic substances and agents. The Committee asks the Government to consider the possibility of establishing a consolidated list of the substances and agents determined as carcinogenic, as this would facilitate understanding of the legislation and the adoption of preventive measures. It hopes that the Government will provide information in this respect.

2. Article 2, paragraph 1. The Committee notes that under section R 231-56-2 of the Labour Code, the employer is required to reduce the use of a carcinogenic agent at the workplace, amongst other means by replacing it where this is technically feasible, with a substance, preparation or process which, in the conditions in which it is used, is not harmful or is less harmful to the health and safety of workers. The Committee asks the Government to provide detailed information on the criteria used in evaluating technical feasibility with regard to the replacement of carcinogenic substances by substances which are non-carcinogenic or less harmful and the methods applied for this purpose.

3. Article 2, paragraph 2. The Committee notes that in the event of exposure and where other preventive measures (such as replacement of carcinogenic substances or agents or production and use in a closed system) are not feasible, the employer is required under section R 231-56-3 to reduce the level of exposure to the technically feasible minimum. The Committee asks the Government to indicate the criteria used in evaluation "technical feasibility", and to state how these criteria conform to the requirement of "minimum compatible with safety" as well as the methods of evaluation.

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

1. The Committee notes with interest the information contained in the Government's report and the various texts of law and decrees that have come into force concerning safety and health in the building and public works sector. In particular it notes Law No. 93-1418 of 31 December 1993 amending the provisions of the Labour Code applicable to the building and civil engineering sector as regards safety and health at work. This Law has been completed by four Decrees, No. 94-1159 of 26 December 1994 (on the integration of safety and the organization of coordination of safety and health in the building and civil engineering sectors), Decree No. 95-543 of 4 May 1995 (on inter-enterprise organs for safety, health and conditions of work ), No. 95-607 of 6 May 1995 (establishing the list of regulations to be observed by independent workers and employers carrying out their own work on building or civil engineering worksites), and No. 95-608 of 6 May 1995 (amending the Labour Code and various regulatory texts with a view to making them applicable to independent workers and to employers who carry out their own work on building and civil engineering worksites).

The Committee notes the Government's statement that Decree No. 94-1159 of 26 December 1994 will help apply the provisions of the Convention, in particular those concerning scaffolds, hoisting appliances, and other works and first-aid appliances. In addition the Committee notes with interest the Government's statement that the new provisions give a new impetus to protection in this sector by the improvement resulting from the measures for collective protection provided for therein, through the coordination entrusted to a specialist coordinator. It also notes with interest the statement that Decree No. 95-607 of 6 May 1995, which extends coverage of safety and health provisions to independent workers and employers executing their own building works, has permitted to combat attempts at avoiding the application of safety and health regulations by using independent workers and employers constructing their own works.

2. With regard to its previous comments concerning the comments made by the French Democratic Confederation of Labour (CFDT), the Committee notes the information contained in the Government's report on the measures taken to bring to the attention of all persons concerned, including independent workers and employers carrying out their own construction work, and from the first day of work, the pertinent legislation, as required by Article 3(a) of the Convention. The Committee would be grateful if the Government would ensure that such measures are also taken with respect to temporary workers that the CFDT, in its earlier comments had estimated, in the absence of statistics on temporary workers, to be about 80,000 in the sector.

Article 4 and point V of the report form. Further to its previous observation based on the earlier comments of the CFDT, the Committee notes the information provided by the Government, including the statistics of occupational accidents for 1993, as well as the activity report of the Organization for Accident Prevention in the Building and Public Works Industry (OPPBTP) for 1995. It requests the Government to continue to supply information on the practical application of the Convention in its next report.

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

Referring also to its observation under the Convention, the Committee requests the Government to supply supplementary information on the following points.

1. Article 8 of the Convention. The Committee notes the Government's indication that there is no distinction between the exposure limits applicable to workers directly engaged in radiation work, on the one hand, and those who are not, on the other. The Government also indicates that the radiation protection arrangements are identical for all workers whether they are employed by enterprises working directly with radiation or by external enterprises, as the regulatory provisions rely on the existence of the hazard (presence of a source of radiation) and its intensity (work in controlled zones or supervised zones). Under Article 8 of the Convention, appropriate levels must be fixed for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. In this connection, the Committee is bound to draw the Government's attention once again to paragraph 14 of its 1992 general observation. It recalls that the dose limits for such workers must be the same as those applied to individual members of the public, namely, according to the 1990 ICRP Recommendations, 1 mSv a year averaged over five consecutive years. It requests the Government to indicate the measures taken or contemplated so that workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances, are not exposed to doses higher than those applied for the public.

2. Provision of alternative employment. The Committee notes with interest the information supplied by the Government to the effect that a draft reform designed to enhance protection for workers who have been subjected to cumulative exposure is being prepared. The Government indicates that this draft should make it possible for workers on short-term contracts to avoid an accumulation of problems linked with their temporary employment and those resulting from exposure close to annual limits. The Committee requests the Government to supply information on the measures contemplated with regard to the provision of alternative employment to workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur.

3. In regard to the provisions designed to ensure the provision of data regarding exposure of workers on which the French Democratic Confederation of Labour (CFDT) commented, the Committee notes the information supplied by the Government to the effect that the draft reform mentioned above is intended to clarify the arrangements for transmitting such information to workers themselves and to the Occupational Safety and Health and Conditions of Work Committee. It requests the Government to continue to supply information on measures taken in this respect.

4. Protection against accidents and during emergency situations. The Committee notes the information supplied by the Government on measures relating to emergency situations. It requests the Government to supply further information on the circumstances in which exceptional exposure of workers may be authorized as well as on the measures intended to optimize the protection against accidents and during emergency operations, particularly in regard to the design and protective features of the workplace and equipment and the development of techniques which, during emergency interventions, would avoid exposure of persons to ionizing radiation.

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

The Committee notes the information supplied by the Government in its first report. It also notes the observations of the French Democratic Federation of Labour (CFDT) on the application of the Convention. It asks the Government to provide additional information on the following points.

1. Article 1, paragraph 1, of the Convention. The Committee notes that the carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control are determined periodically. In this connection, it notes with interest Decree No. 96-1133 of 24 December 1996 respecting the prohibition of asbestos. The Committee notes however that the CFDT refers to a lack of transparency in the legislation as to the various lists of carcinogenic substances and agents. The Committee asks the Government to consider the possibility of establishing a consolidated list of the substances and agents determined as carcinogenic, as this would facilitate understanding of the legislation and the adoption of preventive measures. It hopes that the Government will provide information in this respect.

2. Article 2, paragraph 1. The Committee notes that under section R 231-56-2 of the Labour Code, the employer is required to reduce the use of a carcinogenic agent at the workplace, amongst other means by replacing it where this is technically feasible, with a substance, preparation or process which, in the conditions in which it is used, is not harmful or is less harmful to the health and safety of workers. The Committee asks the Government to provide detailed information on the criteria used in evaluating technical feasibility with regard to the replacement of carcinogenic substances by substances which are non-carcinogenic or less harmful and the methods applied for this purpose.

3. Article 2, paragraph 2. The Committee notes that in the event of exposure and where other preventive measures (such as replacement of carcinogenic substances or agents or production and use in a closed system) are not feasible, the employer is required under section R 231-56-3 to reduce the level of exposure to the technically feasible minimum. The Committee asks the Government to indicate the criteria used in evaluation "technical feasibility", and to state how these criteria conform to the requirement of "minimum compatible with safety" as well as the methods of evaluation.

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

1. Review of maximum permissible doses and effective protection of workers in the light of new knowledge (Articles 3, paragraph 1, and 6, paragraph 2, of the Convention). The Committee notes that the Government indicates that by the year 2000 the maximum permissible dose of exposure of workers to ionizing radiation currently in force will be replaced by a new limit of 100 mSv over five consecutive years, in accordance with the prescriptions of Directive 96/29/Euratom, adopted in May 1996. With reference to its previous observation and its 1992 General Observation, the Committee recalls that the International Commission on Radiological Protection (ICRP), in recommendations formulated in 1990, sets a limit of 20 mSv per annum averaged over five years provided that the actual dose does not exceed 50 mSv in any one year. Moreover, in 1994 the limits established by the ICRP were incorporated in the International Basic Safety Standards. The Committee hopes that the Government will soon be in a position to report the adoption of provisions in conformity with the dose limits mentioned in its 1992 General Observation, in the light of current knowledge such as that contained in the 1990 ICRP Recommendations and the 1994 International Basic Safety Standards.

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

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received.

The Committee notes the comments of the French Democratic Labour Confederation (CFDT), transmitted by the Government in August 1996, which state that the building and public works sector is the most dangerous, and that the number of work accidents in this sector is being reduced more slowly than in other sectors. The CFDT also states that, in enterprises where it is represented, it is not aware of any visits by labour inspectors requesting enterprises to comply with the provisions of the Convention. The Committee draws attention to the article in the press of the National Federation of Salaried Workers in Construction and Wood (FNCB/CFDT), annexed to the comments of the CFDT, stating that the statistics of the National Sickness Insurance Fund (CNAM) for 1992 recorded 162,000 accidents in the building sector which required a stoppage of work, more than 16,000 accidents which resulted in a disability recognized by the Social Security Office, and 299 deaths caused by work accidents. It also draws attention to the fact that, while there are no statistics concerning temporary workers (about 80,000 workers in this sector), studies confirm that the risk of accidents for these persons is twice as high as for other categories of salaried workers in this industry.

Among the causes of this situation (which costs 7 billion francs in benefits paid by the Social Security Office), the FNCB/CFDT estimates that the amount of contributions, notably for small enterprises which represent 66 per cent of workers in the sector, does not provide a sufficient incentive. Now, according to the FNCB/CFDT, the studies of the CNAM have concluded that, when the level of contribution creates incentives, the enterprise considers the cost of failing to take safety measures. Therefore, the regulations are only partially applied and should be reviewed taking into account risks and prevention, which are now not significant obligations.

In the absence of a reply from the Government to these comments, the Committee requests it to indicate the measures taken to ensure that the pertinent legislation shall be brought to the attention of all persons concerned, as from the first day of work, and in respect of all categories of workers, including temporary workers (Article 3(a) of the Convention). Regarding the information provided by the FNCB/CFDT concerning the enlargement since 1992 of the labour inspectors' powers, the Committee asks the Government to supply detailed information on the manner in which inspections are ensured in all building sites (Article 4). It also asks the Government to supply extracts of inspection reports and statistics concerning the building industry (the number of workers covered by the legislation; the number and nature of violations discovered; the number, nature, and cause of accidents recorded) in order to facilitate evaluation of the application of the Convention in practice (point V of the report form).

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

Referring also to its observation under the Convention, the Committee requests the Government to supply further information on the following points.

1. Article 8 of the Convention. The Committee once again requests the Government to indicate the manner in which maximum permissible dose levels are established and enforced for workers employed by undertakings that have no radiation sources, but whose work involves entering, on a temporary basis, establishments where direct or indirect exposure to ionizing radiations would occur. In this regard, the Committee would also draw the Government's attention to paragraph 14 of its 1992 general observation concerning dose limits for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances.

2. Emergency exposure situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

3. The provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

4. In its communication dated 9 December 1994, the French Democratic Confederation of Labour (CFDT) indicates that no provision is made in government regulations to ensure that data concerning the monitoring of exposure to radiation of individual workers is made available to them, and that this data is sent to the Occupational Safety and Health and Conditions of Work Committee. The CFDT also indicates that there is no regulatory provision requiring a system of centralized storage for such data. The Committee would be grateful if the Government would make all comments it deems appropriate on the above indications of the CFDT in the light of Article 3, paragraph 2, of the Convention.

[The Government is asked to report in detail in 1997.]

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

The Committee notes the information supplied by the Government in its report received in March 1994.

It asks the Government to provide additional information on the following points.

Article 1, paragraph 1, of the Convention. In its previous comments the Committee noted the exclusion from the scope of the provisions of the Labour Code of mines and quarries and rail, road, sea and air transport (section L.231-1 of the Code); it again asks the Government to indicate the measures taken to ensure that the Convention is applied to the above branches of activity, with the exception of merchant shipping, and to provide a copy of the texts that apply.

Article 5, paragraph 4. In its previous comments the Committee asked the Government to indicate the measures taken or envisaged to ensure that the representatives of the employer and the workers shall have the opportunity to accompany inspectors during inspection visits unless the inspectors consider, in the light of the general instructions of the competent authority, that this may detract from the effectiveness of their work. It again asks the Government to provide information on the arrangements made or envisaged for this purpose.

Article 7, paragraph 2. The Committee notes that section R.232-8-5 of Decree No. 88-405 of 21 April 1988 concerning the protection of workers against noise, provides that workers who are exposed daily to excessive noise which exceeds the limits laid down by this section shall receive, with the assistance of the medical officer, adequate information and training concerning the hazards arising from such exposure to noise and the means of preventing them. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that workers or their representatives are entitled to apply to the competent bodies to obtain protection against occupational hazards due to air pollution, noise and vibration in the workplace, and to provide particulars of the bodies in question.

Article 12. With reference to its previous comments the Committee once again asks the Government to provide information on the measures taken to establish the obligation to notify to the competent authorities the use of processes, substances, machinery or equipment - specified by the competent authority - which involve exposure of workers to occupational hazards due to air pollution, noise and vibration.

Vibration

Articles 4 and 8, paragraphs 1 and 3. The Committee notes with interest the information supplied by the Government in its report concerning the criteria for determining the risks of exposure to vibrations transmitted to the upper limbs and the limits of exposure fixed in this connection by the National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases (CNRS) in standard no. AFNOR NF E90-402 of October 1986, whose application is optional. It asks the Government to indicate the measures taken or envisaged in order to establish in laws or regulations the protection of workers against occupational hazards due to vibrations, other than the specific cases of wheel tractors for agriculture and forestry and portable thermal-engine chain-saws, with regard to vibrations transmitted both to the upper limbs and to other parts of the body.

Article 9. With reference to its previous comments the Committee once again asks the Government to provide information on the technical measures prescribed for new plant or processes in design or installation, or added to existing plant or processes to ensure that, as far as possible, the working environment is kept free from any hazard due to vibrations.

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

With reference to its previous comments concerning the application of Article 10 of the Convention, the Committee notes with satisfaction the provisions of sections R.233-1. R.233-1-3 and R.233-42 of the Labour Code as amended by Decree No. 93.41 of 11 January 1993 which require the head of the establishment to provide workers with suitable personal protective equipment and ensure that it is properly used; to reduce vibrations, by means of personal protective equipment, to levels below those which are harmful to health and safety; and to ensure, by means of the necessary maintenance, repair and replacement, that personal protective equipment is in proper working order and sufficiently hygienic.

The Committee raises certain other points in a request addressed directly to the Government.

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

The Committee notes the information provided by the Government in its report. It also notes the comments by the French Democratic Confederation of Labour (CFDT), dated 9 December 1994, on the application of the Convention; it notes that the Government has provided no response to these comments.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. In its 1992 general observation on the Convention, the Committee referred to the findings set out in the 1990 recommendations of the International Commission on Radiological Protection (ICRP) (Publication No. 60), which set dose limits establishing the maximum exposure of workers and members of the general public to ionizing radiations. The Committee notes the indications of the Government in its report that it has not yet adapted the regulations to implement the dose limits recommended by the ICRP because these limits, and in particular the limits relating to small doses of ionizing radiations, are the subject of debate within international bodies concerned with protection against ionizing radiation. In this regard the Committee refers to the indications of the CFDT in its communications that recent scientific studies confirm the validity of the dose limits recommended by the ICRP. The Committee also draws the attention of the Government to the 1994 International Basic Safety Standards which adopted the dose limits set out by the ICRP. The Committee hopes that the Government will provide information on measures taken or envisaged to ensure that all appropriate steps are taken to review maximum permissible doses of ionizing radiations in the light of current knowledge.

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

[The Government is asked to report in detail in 1997.]

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. Article 1, paragraph 1, of the Convention. The Commitee notes the indication in the Government's first report that, after consultation with the employers' and workers' organizations concerned, merchant shipping has been excluded from the application of the Convention. It further notes that L.231-1 of the Labour Code excludes mines and quarries, and railway, road, sea and air transport from the application of its provisions. The Government is requested to indicate the measures taken to ensure the application of the Convention to these branches of economic activity with the exception of merchant shipping.

Article 1, paragraph 3. The Committee notes the indication in the Government's first report that specific measures concerning occupational safety and health in merchant shipping are assured by the country's ratification of the Safety of Life at Sea Convention, 1974, and its Protocol of 1978. The Government further indicates that measures have been taken at the national level by the following texts: Act No. 83-581 of 5 July 1983 on the safety of life at sea, life on board ships and the prevention of pollution; Decree No. 84-810 of 30 August 1984 and the Decree of 27 December 1984 fixing the technical rules and procedures applicable to ships and their equipment with respect to the safety of life at sea, life on board ship and the prevention of pollution. The Government is requested to continue to provide information, in subsequent reports, on any changes in the law and practice in respect of air pollution, noise and vibration in merchant shipping.

II. Article 5, paragraph 4. The Committee notes that L.236-2 of the Labour Code provides that the occupational safety and health committees established at the workplace may undertake inspections. Article 5, paragraph 4, of the Convention, however, provides that representatives of the worker and of the employer shall have the opportunity to accompany inspectors during inspection visits, 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 Government is requested to indicate the measures taken or envisaged to ensure that the representatives of the worker and the representatives of the employer have the opportunity to accompany inspectors.

Article 7, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that workers have the right to apply to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration and to provide particulars on the bodies to which they may apply.

Article 8, paragraphs 1 and 3. 1. Air pollution. The Committee notes that, under L.231-7 and L.233-5 of the Labour Code, ministerial decrees are to be issued regulating the use of dangerous substances and that, as a result, a certain number of decrees have been issued establishing the criteria and specifying exposure limits to harmful substances. The Government is requested to indicate, in subsequent reports, any criteria or exposure limits set with respect to substances which have not already been regulated.

2. Vibrations. The Committee notes the reference in the Government's report to Decree No. 80-1091 of 24 December 1980 concerning tractors and Decree No. 81-131 of 10 February 1981 concerning chainsaws. It notes, however, that these decrees only contain general provisions calling for the reduction of vibrations. The Government is requested to indicate, in its next report, the measures taken or envisaged to establish criteria for determining the hazards of exposure to vibrations and to provide particulars on these criteria. The Government is also requested to indicate whether any exposure limits have been set with respect to vibration.

Article 9. The Government is requested to provide particulars of the technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures to ensure that the working environment is kept, as far as possible, free from any hazard due to vibration.

Article 10. The Government is requested to indicate the measures taken or envisaged to ensure the provision of suitable personal protective equipment to protect against the hazards due to vibration when the specified exposure limits have been exceeded.

Article 12. The Government is requested to continue to provide information, in its next report, on any new processes, substances, machinery and equipment, specified by the competent authority, which involve exposure of workers to occupational hazards due to noise and vibration and which must be notified to the competent authority.

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

The Committee notes with interest the information provided in the Government's report and requests the Government to provide further clarification on the following points:

I. Article 1, paragraph 1, of the Convention. The Commitee notes the indication in the Government's first report that, after consultation with the employers' and workers' organizations concerned, merchant shipping has been excluded from the application of the Convention. It further notes that L.231-1 of the Labour Code excludes mines and quarries, and railway, road, sea and air transport from the application of its provisions. The Government is requested to indicate the measures taken to ensure the application of the Convention to these branches of economic activity with the exception of merchant shipping.

Article 1, paragraph 3. The Committee notes the indication in the Government's first report that specific measures concerning occupational safety and health in merchant shipping are assured by the country's ratification of the Safety of Life at Sea Convention, 1974, and its Protocol of 1978. The Government further indicates that measures have been taken at the national level by the following texts: Act No. 83-581 of 5 July 1983 on the safety of life at sea, life on board ships and the prevention of pollution; Decree No. 84-810 of 30 August 1984 and the Decree of 27 December 1984 fixing the technical rules and procedures applicable to ships and their equipment with respect to the safety of life at sea, life on board ship and the prevention of pollution. The Government is requested to continue to provide information, in subsequent reports, on any changes in the law and practice in respect of air pollution, noise and vibration in merchant shipping.

II. Article 5, paragraph 4. The Committee notes that L.236-2 of the Labour Code provides that the occupational safety and health committees established at the workplace may undertake inspections. Article 5, paragraph 4, of the Convention, however, provides that representatives of the worker and of the employer shall have the opportunity to accompany inspectors during inspection visits, 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 Government is requested to indicate the measures taken or envisaged to ensure that the representatives of the worker and the representatives of the employer have the opportunity to accompany inspectors.

Article 7, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that workers have the right to apply to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration and to provide particulars on the bodies to which they may apply.

Article 8, paragraphs 1 and 3. 1. Air pollution. The Committee notes that, under L.231-7 and L.233-5 of the Labour Code, ministerial decrees are to be issued regulating the use of dangerous substances and that, as a result, a certain number of decrees have been issued establishing the criteria and specifying exposure limits to harmful substances. The Government is requested to indicate, in subsequent reports, any criteria or exposure limits set with respect to substances which have not already been regulated.

2. Vibrations. The Committee notes the reference in the Government's report to Decree No. 80-1091 of 24 December 1980 concerning tractors and Decree No. 81-131 of 10 February 1981 concerning chainsaws. It notes, however, that these decrees only contain general provisions calling for the reduction of vibrations. The Government is requested to indicate, in its next report, the measures taken or envisaged to establish criteria for determining the hazards of exposure to vibrations and to provide particulars on these criteria. The Government is also requested to indicate whether any exposure limits have been set with respect to vibration.

Article 9. The Government is requested to provide particulars of the technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures to ensure that the working environment is kept, as far as possible, free from any hazard due to vibration.

Article 10. The Government is requested to indicate the measures taken or envisaged to ensure the provision of suitable personal protective equipment to protect against the hazards due to vibration when the specified exposure limits have been exceeded.

Article 12. The Government is requested to continue to provide information, in its next report, on any new processes, substances, machinery and equipment, specified by the competent authority, which involve exposure of workers to occupational hazards due to noise and vibration and which must be notified to the competent authority.

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

The Committee notes the information provided in the Government's latest report in reply to its previous direct request. It requests the Government to provide additional information on the following points:

1. Article 2, paragraph 1, of the Convention. In its previous comments, the Committee had noted that Decree No. 86-1103 did not appear to ensure the protection of workers employed by undertakings which had no radiation sources, but whose work involved entering, on a temporary basis, establishments where direct or indirect exposure to ionising radiations would occur (for example, maintenance workers, demolition workers and plumbers). The Government's has indicated in its report that, while the responsibility for persons intervening from outside undertakings rests on the employer of the persons in question, this situation was likely to evolve due to a new EURATOM Directive of 4 December 1990 which reinforces the responsibility of the head of the establishment which involves exposure to ionising radiations in respect of workers entering its premises but employed by another undertaking. The Government is requested to indicate any measures taken or envisaged to ensure the protection of workers employed by undertakings which have no radiation sources, but whose work involves entering establishments in which there are radiation sources. The Government is once again requested to indicate the manner in which the established maximum permissible dose levels are enforced for such workers, in accordance with Article 11 of the Convention.

2. Article 3, paragraph 1 and Article 6, paragraph 2. The Committee notes with interest the adoption of Decree No. 88-662 of 6 May 1988 which amends the exposure limits set out in Decree No. 75-306 of 28 April 1975 concerning the protection of workers against risks of ionising radiations in nuclear installations to bring them into line with the maximum annual dose of 5 rems fixed by Decree No. 86-1103 concerning the protection of workers against ionising radiations in establishments other than nuclear installations. In this regard, the Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

3. Article 8. The Committee notes from the Government's report that the classification of workers on the basis of their annual dose levels of exposure provided for in section 3 of Decree No. 86-1103 precedes the noting of the real exposure and, if it turns out that the measured exposure is not compatible with the classification, then the classification must be changed. The Committee would recall that this Article of the Convention provides that exposure limits shall be fixed for workers who are not directly engaged in radiation work. In this regard, the Committee would draw the Government's attention to paragraph 14 of its General Observation concerning dose limits for non-radiation workers. It recalls that employers are to ensure that the maximum permissible doses established for the general public (1mSv per year, averaged over any five consecutive years) are not exceeded for workers who are not directly engaged in radiation work. The Government is requested to indicate the measures taken or envisaged to ensure that appropriate limits of exposure are fixed for workers who are not directly exposed to ionising radiations, but who may remain or pass where they may be exposed to ionising radiations or radioactive substances.

4. The Committee notes with regret that the information provided in the Government's report contains no reply to the General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 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 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 such circumstances and to specify the manner in which these circumstances are defined.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has taken note of the information supplied by the Government in its report and notes with interest the creation - pursuant to Decree No. 85-682 of 4 July 1985 - of a new occupational body responsible for promoting the prevention of accidents and the improvement of working conditions in the building industry. The Committee hoped that the action taken by this new body will contribute to reducing the number of occupational accidents in the above-mentioned industry, which appeared to be relatively high, according to the 1984 statistics supplied by the Government. The Committee also hoped that future reports would contain more recent statistical data on this subject.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee had noted the Government's first report, which only contained information on the application of Article 1, paragraph 2, of the Convention and stated that detailed information concerning the application of the Convention would be supplied later for the period ending on 30 June 1988. As no such information has been received, the Committee trusts that the next report will contain all the detailed information on the application of the Convention which is called for in the report form approved by the Governing Body.

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

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request:

The Committee had noted the Government's first report, which only contained information on the application of Article 1, paragraph 2, of the Convention and stated that detailed information concerning the application of the Convention would be supplied later for the period ending on 30 June 1988. As no such information has been received, the Committee trusts that the next report will contain all the detailed information on the application of the Convention which is called for in the report form approved by the Governing Body.

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

The Committee takes note of the information supplied by the Government in its report and notes with interest the creation - pursuant to Decree No. 85-682 of 4 July 1985 - of a new occupational body responsible for promoting the prevention of accidents and the improvement of working conditions in the building industry. The Committee hopes that the action taken by this new body will contribute to reducing the number of occupational accidents in the above-mentioned industry, which still appears to be relatively high, according to the 1984 statistics supplied by the Government. The Committee also hopes that future reports will contain more recent statistical data on this subject.

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

The Committee notes with interest the adoption of Decree No. 86-1103 of 2 October 1986 regarding the protection of workers against the risks of ionising radiation. It requests the Government to provide additional information on the following points in its next report.

Article 2, paragraph 1, of the Convention. The Committee notes that section 17(IV) of Decree No. 86-1103 provides for the supervision of measures of protection against ionising radiations for workers who perform work of a temporary nature outside the undertaking. However, this section does not appear to ensure the protection of workers employed by undertakings having no radiation sources but whose work involves entering on a temporary basis establishments where they may be directly or indirectly exposed to ionising radiations (for example maintenance workers, demolition workers and plumbers). The Committee would be grateful if the Government would indicate in its next report the measures taken or envisaged to ensure the protection of the above-mentioned workers, in accordance with the provisions of the Convention. Please specify the manner in which maximum permissible dose levels are enforced for such workers in accordance with Article 11 of the Convention.

Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes that Decree No. 86-1103 does not apply to nuclear installations and that section 3, paragraph 2, of Decree No. 75-306 of 28.4.1975 concerning the protection of workers against risks of ionising radiations in nuclear installations refers to the maximum admissible exposure levels set out in Decree No. 67-228 of 15.3.1967. Decree No. 67-228 uses the formula D = 5 (N - 18) in rems, to fix the maximum permissible exposure level. The Committee would point out that this formula is not consistent with current knowledge, and that the maximum exposure limit currently recommended by the International Commission of Radiological Protection is an annual dose of 5 rems, which is the limit fixed by Decree No. 86-1106. The Committee would be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to apply to workers in nuclear installations maximum admissible dose levels consistent with current knowledge, in accordance with Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.

Article 8. The Committee notes that section 3 of Decree No. 86-1103 provides for the classification of workers on the basis of their annual dose levels of exposure. Please indicate whether the levels used for this classification become exposure limits for the workers concerned once they have accordingly been classified.