Occupational Health Services Convention, 1985 (No. 161) - San Marino (Ratification: 1988)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 148 (air pollution, noise and vibration) and 161 (occupational health services) together.

A. General provisions

Occupational Health Services Convention, 1985 (No. 161)

Articles 3(1) and 5 of Convention No. 161. Progressive development of occupational health services. Functions of the health services. The Committee notes the adoption of Regulation No. 7 of 2025, aimed at protecting workers from the effects of heat waves and extreme microclimatic conditions, which includes measures for health surveillance. The Committee also notes the legislative process currently under way to revise Act No. 31 of 1998 on safety and health at the workplace, with the objective of updating its content and consolidating the integration between health protection and prevention. In this respect, the Government states in its report that the revised text will ensure full compliance with the Convention, ensuring modern, effective, and prevention-oriented occupational health services. The Committee requests the Government to continue providing information on the legislative reform of Act No. 31 of 1998 and on the manner in which the reform will contribute to the progressive development of occupational health services.

B . Protection against specific risks

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

Articles 4, 5(2) and 8 of Convention No. 148. Prevention and control of, and protection against, occupational hazards. Establishing criteria for determining hazards due to exposure to air pollution and vibration and exposure limits. Consultation with employers’ and workers’ representatives. The Committee previously noted that section 28 of the Act No. 31 of 1998 provides that the maximum limits of acceptability regarding physical factors, including noise, vibration and air flow in the workplace, shall be provided for by specific decrees. It noted that while an implementing decree related to the protection of workers against the risks of exposure to noise had been adopted, no implementing decrees had been adopted with respect to air pollution and vibration. The Committee notes the Government’s indication that the regulations already referenced in previous reports continue to represent the main reference framework for the protection of workers and that such regulations are supplemented and supported by guidelines developed by the Prevention Department of the Social Security Institute. The Government further indicates that these technical and scientific documents provide detailed guidance on how to monitor and manage risks related to air pollution and vibrations. The Committee once again requests the Government to take the necessary measures to ensure that the effect is given to Articles 4 and 8 of the Convention with respect to air pollution and vibration. It also requests the Government to indicate whether it plans to adopt the decrees regarding air pollution and vibration, as foreseen by paragraph 3 section 28 of the Act No. 31 of 1998, and to provide information on any consultation undertaken or envisaged with employers’ and workers’ representatives in this regard. Lastly, it requests the Government to provide information on any technical guidelines developed by the Prevention Department of the Social Security Institute concerning the implementation of the Convention.

Article 11(3). Alternative employment or other measures to maintain the income of transferred workers. Noting the lack of information, the Committee once again requests the Government to take the necessary measures to ensure that the workers concerned are provided with suitable alternative employment or measures to maintain their income through social security measures or otherwise, where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, in conformity with Article 11(3) of the Convention.

Article 16. Penalties and inspection service. Application in practice. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Repetition

Articles 3(1) and 5 of the Convention. Progressive development of occupational health services. Functions of the health services. The Committee notes the Government’s indication in its report that discussions have recently been launched on increasing the efficacity of the occupational safety and health regulations. The Government indicates that Act No. 31 of 18 February 1998 on safety and health at the workplace is undergoing major legislative reform, which will also address the occupational health services, currently governed by Decree No. 89/1999 on health monitoring. The Committee requests the Government to continue providing information on the current legislative reform in respect of occupational safety and health and on the manner in which the reform will contribute to the progressive development of occupational health services.

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

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

Repetition

Articles 3(1) and 5 of the Convention. Progressive development of occupational health services. Functions of the health services. The Committee notes the Government’s indication in its report that discussions have recently been launched on increasing the efficacity of the occupational safety and health regulations. The Government indicates that Act No. 31 of 18 February 1998 on safety and health at the workplace is undergoing major legislative reform, which will also address the occupational health services, currently governed by Decree No. 89/1999 on health monitoring. The Committee requests the Government to continue providing information on the current legislative reform in respect of occupational safety and health and on the manner in which the reform will contribute to the progressive development of occupational health services.

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

Articles 3(1) and 5 of the Convention. Progressive development of occupational health services. Functions of the health services. The Committee notes the Government’s indication in its report that discussions have recently been launched on increasing the efficacity of the occupational safety and health regulations. The Government indicates that Act No. 31 of 18 February 1998 on safety and health at the workplace is undergoing major legislative reform, which will also address the occupational health services, currently governed by Decree No. 89/1999 on health monitoring. The Committee requests the Government to continue providing information on the current legislative reform in respect of occupational safety and health and on the manner in which the reform will contribute to the progressive development of occupational health services.

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

The Committee notes with interest the Government's first report.

Article 3 of the Convention. The Committee has taken note of Act No. 40 of 1987 on Hygiene and Safety in Workplaces, establishing the Environmental Hygiene Service, whose functions correspond to some of those prescribed by the Convention. The Committee requests the Government to indicate the number of workers covered and to specify what measures have been taken or are contemplated to ensure that occupational health services are instituted for all workers, including self-employed workers.

Article 5. The Committee has noted the information supplied by the Government in its report and examined the provisions on the various functions and activities of the Environmental Hygiene Service which is competent in occupational health matters. It asks the Government to supply additional information on the following points:

(c) please specify how the Environmental Hygiene Service provides advice on planning and organisation of work, on the choice of machinery and other equipment and on substances used in work;

(d) please specify how the Service participates in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment;

(e) please specify how the Service provides advice on occupational health, safety and hygiene and on ergonomics and protective equipment;

(g) the Committee notes that Act No. 40 of 1957 refers in section 11 to psychophysical factors that may affect the workers; the Committee asks the Government to indicate how the Service envisages, in general, promoting the adaptation of work to the worker;

(h) please specify how the Service contributes to measures of rehabilitation.